Summary
In Steward v New York City Housing Authority (302 A.D.2d 449 [2d Dept 2003]), the court held that plaintiff's alcohol and substance abuse records should be disclosed as they may be useful in preparation for trial and lead to relevant evidence bearing on the plaintiff's claim for damages for personal injuries.
Summary of this case from Hogdahl v. LCOR 55 Bank St., LLCOpinion
2002-04076
January 22, 2003.
February 13, 2003.
In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Kings County (Jackson, J.), dated April 1, 2002, as granted that branch of the motion of the defendant New York City Housing Authority which was to direct the plaintiff to provide all the requested authorizations for medical records between 1993 and the date of the accident.
Manuel A. Romero, P.C., New York, N.Y. (Richard Weinbaum of counsel), and Pollack, Pollack, Isaac De Cicco, New York, N.Y. (Brian J. Isaac of counsel), for appellant (one brief filed).
Wilson, Elser, Moskowitz, Edelman Dicker, LLP, New York, N.Y. (Marc J. Cipolla and Meredith Drucker of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, THOMAS A. ADAMS, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiff's alcohol and substance abuse records may be useful in preparation for trial and may lead to relevant evidence bearing on the plaintiff's claim for damages. Therefore, the Supreme Court providently exercised its discretion in concluding that the requested authorizations for the records at issue should be disclosed (see Spangler v. Benedictine Hosp., 286 A.D.2d 280; Coddington v. Lisk, 249 A.D.2d 817).
ALTMAN, J.P., SMITH, LUCIANO, ADAMS and COZIER, JJ., concur.