From Casetext: Smarter Legal Research

Austin v. Calhoon

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 1976
51 A.D.2d 958 (N.Y. App. Div. 1976)

Opinion

March 29, 1976


Order, Supreme Court, New York County, entered March 11, 1975, granting defendant's motion for a protective order with respect to a notice for discovery and inspection, unanimously modified, on the law and the facts and in the exercise of discretion, without costs and without disbursements, but only to the extent of directing that the 18 specifically listed files be furnished to the Justice Presiding at Special Term Part II for in camera inspection and determination of what portions may be disclosed, and as so modified, the order is affirmed. Plaintiff, in an effort to secure a disability pension as the result of a chronic duodenal ulcer, seeks discovery of 18 files in the possession of the defendant involving claims based on medical conditions for hypertension, lung disease, phlebitis and cancer, although not involving ulcers, in order to determine the basis for the defendant's approach to consideration of such claims. However, the rights of third parties to confidentiality must be respected (Wood-Muller v Provident Loan Soc. of N.Y. 47 A.D.2d 514), and any confidential information as to such third parties ought to be protected. It may be that deleting the names and addresses of the persons involved will accomplish this result.

Concur — Kupferman, J.P., Murphy, Lupiano, Silverman and Nunez, JJ.


Summaries of

Austin v. Calhoon

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 1976
51 A.D.2d 958 (N.Y. App. Div. 1976)
Case details for

Austin v. Calhoon

Case Details

Full title:ANDERSON AUSTIN, Appellant, v. JESSE M. CALHOON, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 29, 1976

Citations

51 A.D.2d 958 (N.Y. App. Div. 1976)

Citing Cases

Med. Support Sys. v. Liberty Mut. Ins.

With respect to discovery regarding other ambulette companies, including lawsuits in which Liberty seeks to…

Goldberg v. Blue Cross of Northeastern N.Y

That being so, plaintiff should be able to discover why defendant, on a previous and apparently similar…