Tenant Must Produce Medical and Other Records
LVT Number: #24641
Tenant sued landlord for negligence after her bathroom ceiling fell and injured her. During pretrial questioning, landlord sought the release of records maintained by the witness protection program that tenant was enrolled in, including information about tenant's physical and mental condition. When tenant refused to provide information, landlord asked the court to compel the production of records and pretrial testimony. The court ruled against landlord, who appealed and won. Facts and circumstances surrounding tenant's entry into the witness protection program became material once tenant claimed that she couldn't answer certain pretrial questions due to her participation in the program. Tenant initiated the lawsuit against landlord, the case wasn't related to any criminal action that triggered the need for tenant's participation in the witness protection program, and tenant's medical records were relevant to her injury claim.
M.C. v. Sylvia Marsh Equities, Inc.: 2013 NY Slip Op 00888, 2013 WL 517043 (App. Div. 2 Dept.; 2/13/13; Dillon, JP, Balkin, Austin, Cohen, JJ)