dissent in part in a memorandum by Saxe, J., as follows: Although I agree that defendants failed to show the “compelling need” for medical records concerning HIV required by Public Health Law § 2785 (2) (a), I would direct disclosure of, and deny a protective order relating to, records concerning any recent treatment plaintiff received for mental health problems, alcohol abuse or substance abuse, as well as standard medical records.
As a rule, “all matter material and necessary in the prosecu*577tion or defense of an action” should be fully disclosed (CPLR 3101 [a]; see Allen v Crowell-Collier Publ. Co., 21 NY2d 403 [1968]). Plaintiffs injuries were allegedly caused by a trip and fall on a hazardous condition on defendants’ property, but more than just plaintiff’s physical condition is in issue; she also alleges anxiety and mental anguish, and seeks an award of future pain and suffering, which may incorporate a calculation of life expectancy or an assessment of loss of enjoyment of life (see NY PJI 2:280, 2:281). In my view, records regarding any treatment plaintiff recently received for her mental health or for alcohol or substance abuse are sufficiently relevant to satisfy the material and necessary standard of CPLR 3101, and by putting her emotional or psychological condition in controversy plaintiff has waived any protection applicable to such records (see Velez v Daar, 41 AD3d 164 [1st Dept 2007]). To the extent that this Court has held that a plaintiff’s allegations of anxiety and mental anguish resulting from the alleged physical injuries do not place that plaintiff’s mental health history into contention (see Serra v Goldman Sachs Group, Inc., 116 AD3d 639 [1st Dept 2014]), I disagree. It may bear repeating that the discoverability of such records does not mean they are necessarily admissible at trial.