From Casetext: Smarter Legal Research

Alexander v. Westminster Presbyterian Church

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1999
267 A.D.2d 1102 (N.Y. App. Div. 1999)

Opinion

December 30, 1999

Appeal from Order of Supreme Court, Monroe County, Affronti, J. — Discovery.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:

PRESENT: PINE, J. P., HAYES, WISNER, PIGOTT, JR., AND SCUDDER, JJ.


Plaintiff commenced this action seeking damages for injuries resulting from her daughter's exposure to lead paint. Supreme Court erred in permitting discovery of the academic records of plaintiff's other children. Plaintiff alleges in the complaint that her daughter sustained neurological damage as a result of the exposure. Defendants failed to make any factual showing that the requested materials, which are "of a confidential and private nature" ( McGuane v. M.C.A., Inc., 182 A.D.2d 1081, 1082; see, Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g), are relevant and material to that issue ( see, Monica W. v. Milevoi, 252 A.D.2d 260, 262; McGuane v. M.C.A., Inc., supra, at 1081). Defendants' reliance upon Wepy v. Shen ( 175 A.D.2d 124) and Baldwin v. Franklin Gen. Hosp. ( 151 A.D.2d 532) is misplaced; in those case the siblings shared the infant plaintiff's neurological condition. Plaintiff's remaining contentions have been rendered moot ( see, Matter of Franklin, 215 A.D.2d 759). We therefore modify the order by vacating the fourth ordering paragraph.


Summaries of

Alexander v. Westminster Presbyterian Church

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1999
267 A.D.2d 1102 (N.Y. App. Div. 1999)
Case details for

Alexander v. Westminster Presbyterian Church

Case Details

Full title:ANGELA ALEXANDER, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF ASHA…

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

Date published: Dec 30, 1999

Citations

267 A.D.2d 1102 (N.Y. App. Div. 1999)
702 N.Y.S.2d 727

Citing Cases

Van Epps v. County of Albany

Although, it is established that such records and information are not privileged per se, they are of a…

Nieves v. 1845 7th Avenue Realty Associates

In the decisions reported to date, the First Department Appellate Division and the Second Department…