In Trevino v. Davis (283 A.D.2d 156 [1st Dept 2001]) the Court denied a protective order to the plaintiff in regard to his medical records because the plaintiff at his oral deposition did not object to questions asked him as to his health status. The Court noted that the plaintiff could have refused to answer and thereby required the defendant to put the issue before the Court which would have required a ruling on the extent of the discovery and disclosure that would be allowed.