In Koump v. Smith, 25 NY2d 287 [1969] the Court of Appeals explained when the doctor-patient privilege should continue to be recognized and when it is effectively waived: We do not hold that the privilege is waived whenever a party defends an action in which his mental or physical condition is in controversy. The rule laid down today is limited to cases in which a defendant affirmatively asserts the condition either by way of counterclaim or to excuse the conduct complained of by the plaintiff. Thus in the instant case where defendant has simply denied the allegation of the complaint, the privilege should be recognized. (25 NY2d at 294.)