Order unanimously affirmed with costs. Memorandum: In this medical malpractice action arising out of the labor of plaintiff mother and the emergency delivery of her son, plaintiffs seek to discover two pages of notes made by defendant Nicholas F. Zornek, M.D., during a hospital "peer review” meeting. The notes apparently set forth Dr. Zornek’s impressions of the fetal monitor’s indications at various times during labor. Dr. Zornek, plaintiff mother’s obstetrician, rendered follow-up care to plaintiff mother and her baby but was not present at the delivery. Plaintiffs’ motion to compel production of the notes was opposed by defendant hospital and by the other defendant physicians, but not by Dr. Zornek himself. Those defendants appeal from an order of Supreme Court requiring the hospital to disclose the notes.
Education Law § 6527 (3) generally immunizes from CPLR article 31 disclosure all proceedings and records "relating to performance of a medical or a quality assurance review function” but creates an exception for "statements made by any person in attendance at such a [medical or quality assurance review] meeting who is a party to an action or proceeding the subject matter of which was reviewed at such meeting.” Under the statute, disclosure may be obtained where the statements were made during a peer review meeting, the peer review meeting concerned the same subject matter as the action, and the statements were made by a defendant in the action (see generally, Stickevers v St. Francis Hosp., 213 AD2d 395; Lakshmanan