person claiming privilege in New York

1995(See, e.g., Bellis v United States, 417 US 85, 88 [1974] [small law partnership]; Matter of Grand Jury v Kuriansky, 69 NY2d 232, 242 [1987] [an individual cannot rely upon the privilege to avoid producing the records of a collective entity which is in his possession in a representative capacity, even if these records might incriminate him personally]; see also, Braswell v United States, 487 US 99 [1988].) This is because the privilege of self-incrimination is a purely personal one and " 'the papers and effects which the privilege protects must be the private property of the person claiming the

1973(Wilson v. United States, 221 U. S. 361 , supra; United States v. White, 322 U. S. 694 [1944]; Dreier v. United States, 221 U. S. 394 [1911].) “ Since the privilege against self-incrimination is a purely personal one, it cannot be utilized by or on behalf of any organization, such as a corporation * * * Moreover, the papers and effects which the privilege protects must be the private property of the person claiming the privilege, or at least in his possession in a purely personal capacity. ’ ’ (United States v. White, supra, p. 699 .) No claim has or can be made here that the property sought t

1995(See, e.g., Bellis v United States, 417 US 85, 88 [1974] [small law partnership]; Matter of Grand Jury v Kuriansky, 69 NY2d 232, 242 [1987] [an individual cannot rely upon the privilege to avoid producing the records of a collective entity which is in his possession in a representative capacity, even if these records might incriminate him personally]; see also, Braswell v United States, 487 US 99 [1988].) This is because the privilege of self-incrimination is a purely personal one and " 'the papers and effects which the privilege protects must be the private property of the person claiming the

1995(See, e.g., Bellis v United States, 417 US 85, 88 [1974] [small law partnership]; Matter of Grand Jury v Kuriansky, 69 NY2d 232, 242 [1987] [an individual cannot rely upon the privilege to avoid producing the records of a collective entity which is in his possession in a representative capacity, even if these records might incriminate him personally]; see also, Braswell v United States, 487 US 99 [1988].) This is because the privilege of self-incrimination is a purely personal one and " 'the papers and effects which the privilege protects must be the private property of the person claiming the

1995(See, e.g., Bellis v United States, 417 US 85, 88 [1974] [small law partnership]; Matter of Grand Jury v Kuriansky, 69 NY2d 232, 242 [1987] [an individual cannot rely upon the privilege to avoid producing the records of a collective entity which is in his possession in a representative capacity, even if these records might incriminate him personally]; see also, Braswell v United States, 487 US 99 [1988].) This is because the privilege of self-incrimination is a purely personal one and " 'the papers and effects which the privilege protects must be the private property of the person claiming the

1995(See, e.g., Bellis v United States, 417 US 85, 88 [1974] [small law partnership]; Matter of Grand Jury v Kuriansky, 69 NY2d 232, 242 [1987] [an individual cannot rely upon the privilege to avoid producing the records of a collective entity which is in his possession in a representative capacity, even if these records might incriminate him personally]; see also, Braswell v United States, 487 US 99 [1988].) This is because the privilege of self-incrimination is a purely personal one and " 'the papers and effects which the privilege protects must be the private property of the person claiming the

1989Physician-patient communications, privileged under CPLR 4504, may therefore be shielded from discovery and when it has been established that the requested information is subject to discovery under CPLR 3121 (a), the burden shifts to the person claiming the privilege to assert it by seeking a protective order pursuant to CPLR 3122 (Koump v Smith, 25 NY2d, at 294 , supra; see, Bloodgood v Lynch, 293 NY 308, 314 ).

1989Physician-patient communications, privileged under CPLR 4504, may therefore be shielded from discovery and when it has been established that the requested information is subject to discovery under CPLR 3121 (a), the burden shifts to the person claiming the privilege to assert it by seeking a protective order pursuant to CPLR 3122 (Koump v Smith, 25 NY2d, at 294 , supra; see, Bloodgood v Lynch, 293 NY 308, 314 ).

1989Once the privilege is validly asserted, it must be recognized and the sought-after information may not be disclosed unless it is demonstrated that the privilege has been waived (CPLR 4504 [a]; see, Koump v Smith, 25 NY2d, at 294 , supra; 5 Weinstein-Korn-Miller, NY Civ Prac ¶ 4504.19; Fisch, NY Evidence § 554 [2d ed]).