Summary
In Serra v. Goldman Sachs Group, Inc., 116 A.D.3d 639, 640 [1st Dept 2014]), the defendant sought medical records relating to the plaintiff's mental condition.
Summary of this case from Gross v. Fishbane-MayerOpinion
2014-04-29
Stephen SERRA, et al., Plaintiffs–Respondents, v. The GOLDMAN SACHS GROUP, INC., et al., Defendants–Appellants.
O'Connor Reed LLP, Port Chester (Amy L. Fenno of counsel), for appellants. Arye, Lustig & Sassower, P.C., New York (Mitchell J. Sassower of counsel), for respondents.
O'Connor Reed LLP, Port Chester (Amy L. Fenno of counsel), for appellants. Arye, Lustig & Sassower, P.C., New York (Mitchell J. Sassower of counsel), for respondents.
GONZALEZ, P.J., SWEENY, MOSKOWITZ, RICHTER, CLARK, JJ.
Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered June 4, 2013, which, to the extent appealed from as limited by the briefs, granted plaintiffs' motion for partial summary judgment on the issue of defendants' liability under Labor Law § 240(1), denied so much of defendants' cross motion for summary judgment as sought dismissal of plaintiff Stephen Serra's (plaintiff) Labor Law §§ 240(1) and 241(6) claims, denied defendants' motion to compel plaintiff to provide authorizations allowing defendants to obtain all medical records pertaining to his psychological condition and treatment, and granted, upon a search of the record, summary judgment in plaintiff's favor on his Labor Law § 241(6) claim, unanimously affirmed, without costs.
The court properly granted plaintiffs' motion for partial summary judgment as to liability on plaintiff's Labor Law § 240(1) claim, since plaintiffs submitted uncontradicted deposition testimony that the unsecured extended ladder upon which plaintiff was working slipped and fell out from underneath him ( see Estrella v. GIT Indus., Inc., 105 A.D.3d 555, 555, 963 N.Y.S.2d 110 [1st Dept.2013]; Dwyer v. Central Park Studios, Inc., 98 A.D.3d 882, 883, 951 N.Y.S.2d 16 [1st Dept.2012] ). Plaintiff's actions were not the sole proximatecause of his accident, since the deposition testimony established that his coworker, unbeknownst to plaintiff and in departure from their normal procedure, stopped footing the base of the ladder while plaintiff was still climbing it, thereby allowing it to slip out from underneath plaintiff ( see Gallagher v. New York Post, 14 N.Y.3d 83, 88–89, 896 N.Y.S.2d 732, 923 N.E.2d 1120 [2010] ).
Since we are affirming the grant of partial summary judgment to plaintiff on his Labor Law § 240(1) claim, we need not address his Labor Law § 241(6) claim ( see Auriemma v. Biltmore Theatre, LLC, 82 A.D.3d 1, 12, 917 N.Y.S.2d 130 [1st Dept.2011] ).
The court providently exercised its discretion in denying defendants' motion to compel, since plaintiff did not seek to recover damages for emotional or psychological injury, or aggravation of a preexisting emotional or mental condition ( see Churchill v. Malek, 84 A.D.3d 446, 446, 922 N.Y.S.2d 341 [1st Dept.2011] ). Plaintiff's bill of particulars alleged damages for specific physical injuries in his lower back, and his inclusion of general allegations of “anxiety and mental anguish” resulting from his back injuries did not place his entire mental health history into contention ( see Schiavone v. Keyspan Energy Delivery NYC, 89 A.D.3d 916, 916–917, 933 N.Y.S.2d 310 [2d Dept.2011] ).