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Watts v. Am. BD Co.

Supreme Court of New York, First Department
Oct 31, 2023
220 A.D.3d 631 (N.Y. App. Div. 2023)

Opinion

950 Index No. 159621/19 Case No. 2023-03358

10-31-2023

Starr T. WATTS, Plaintiff-Respondent, v. AMERICAN BD COMPANY also known as American BD Co. Opici Wines et al., Defendants-Appellants.

The Law Offices of Terrence F. Kuhn, New York (Anthony Bianchi of counsel), for appellants. Chirico Law PLLC, Brooklyn (Vincent Chirico of counsel), for respondent.


The Law Offices of Terrence F. Kuhn, New York (Anthony Bianchi of counsel), for appellants.

Chirico Law PLLC, Brooklyn (Vincent Chirico of counsel), for respondent.

Kern, J.P., Friedman, Kennedy, Pitt–Burke, JJ.

Order, Supreme Court, New York County (Adam Silvera, J.), entered on or about January 23, 2023, which denied defendants' motion to compel plaintiff to provide an authorization for her pre-accident psychiatric and psychological records, unanimously affirmed, without costs.

In this action in which plaintiff was injured in a motor vehicle accident, the court providently exercised its discretion in denying defendants' motion to compel, since plaintiff did not seek to recover damages for emotional or psychological injuries, or aggravation of a preexisting emotional or mental condition (see Serra v. Goldman Sachs Group, Inc., 116 A.D.3d 639, 640, 985 N.Y.S.2d 20 [1st Dept. 2014] ; Churchill v. Malek, 84 A.D.3d 446, 446, 922 N.Y.S.2d 341 [1st Dept. 2011] ). Plaintiff's general allegations in her bill of particulars of anxiety, mental anguish and the loss of enjoyment of life did not place her entire mental health history at issue (see Abrew v. Triple C Props., LLC, 178 A.D.3d 526, 527, 111 N.Y.S.3d 843 [1st Dept. 2019] ).


Summaries of

Watts v. Am. BD Co.

Supreme Court of New York, First Department
Oct 31, 2023
220 A.D.3d 631 (N.Y. App. Div. 2023)
Case details for

Watts v. Am. BD Co.

Case Details

Full title:Starr T. Watts, Plaintiff-Respondent, v. American BD Company, Also Known…

Court:Supreme Court of New York, First Department

Date published: Oct 31, 2023

Citations

220 A.D.3d 631 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 5483
197 N.Y.S.3d 228

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