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Exelbert v. State

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 665 (N.Y. App. Div. 1988)

Opinion

May 31, 1988

Appeal from the Court of Claims (Silverman, J.).


Ordered that the order is reversed, with costs, and the claimants' application is denied.

This claim for damages is premised on an alleged assault of claimant Trudy Exelbert by a nonparty patient under the care of the State of New York. By order dated October 7, 1986, the Court of Claims correctly redacted all medical information from the State's records concerning that patient before disclosure of those records to the claimants (cf., Brier v State of New York, 95 A.D.2d 788; see, Matter of Ashford v Brunswick Psychiatric Center, 90 A.D.2d 848; Moore v St. John's Episcopal Hosp., 89 A.D.2d 618; Homere v State of New York, 41 A.D.2d 797; Katz v State of New York, 41 A.D.2d 879; Mayer v Albany Med. Center Hosp., 37 A.D.2d 1011). Information concerning medical diagnosis and treatment is privileged (CPLR 4504) and may not be disclosed absent a showing that a compelling interest overrides the privilege (Matter of Camperlengo v Blum, 56 N.Y.2d 251; Matter of Jenkins v Martin, 99 A.D.2d 811; Perry v Fiumano, 61 A.D.2d 512), or that the interests of justice significantly outweigh the need for and the right of a mentally disabled patient to confidentiality (see, Mental Hygiene Law § 33.13 [c] [1]; see also, Mental Hygiene Law § 33.01; cf., Katz v State of New York, supra). The claimants' intent to expand upon the theory of liability provides no basis for the order of May 14, 1987, directing the State to disclose to the claimants specified medical information contained in the records of the nonparty patient (see, Matter of Ashford v Brunswick Psychiatric Center, supra; Katz v State of New York, supra). Thompson, J.P., Brown, Weinstein and Harwood, JJ., concur.


Summaries of

Exelbert v. State

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1988
140 A.D.2d 665 (N.Y. App. Div. 1988)
Case details for

Exelbert v. State

Case Details

Full title:TRUDY L. EXELBERT et al., Respondents, v. STATE OF NEW YORK, Appellant

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

Date published: May 31, 1988

Citations

140 A.D.2d 665 (N.Y. App. Div. 1988)

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