| Salazar v 521-533 W. 57th St. Condominium |
| 2011 NY Slip Op 04033 [84 AD3d 927] |
| May 10, 2011 |
| Appellate Division, Second Department |
| Jack Salazar et al., Respondents, v 521-533 West 57thStreet Condominium et al., Defendants, and Schindler Elevator Corporation,Appellant. |
—[*1] Alvin H. Broome & Associates, P.C., New York, N.Y. (Matthew Tomkiel of counsel), forrespondents.
In an action to recover damages for personal injuries, etc., the defendant Schindler ElevatorCorporation appeals from an order of the Supreme Court, Kings County (Lewis, J.), dated April23, 2010, which denied its motion to compel the plaintiff Jack Salazar to provideHIPAA-compliant (Health Insurance Portability and Accountability Act of 1996 [Pub L 104-191,110 US Stat 1936]) authorizations for the release of records regarding his past treatment forseizures and mental health and substance abuse conditions.
Ordered that the order is modified, on the law and in the exercise of discretion, by deletingthe provision thereof denying that branch of the motion which was to compel the plaintiff JackSalazar to provide HIPAA-compliant (Pub L 104-191, 110 US Stat 1936) authorizations for therelease of records relating to past treatment for seizures, and substituting therefor a provisiongranting that branch of the motion; as so modified, the order is affirmed, without costs ordisbursements.
The plaintiffs commenced this action after the injured plaintiff, Jack Salazar, allegedlysustained injuries as the result of an accident in an elevator that was maintained by the defendantSchindler Elevator Corporation (hereinafter Schindler). During discovery, Schindler moved tocompel Salazar to provide HIPAA-compliant authorizations for the release of records related tohis past treatment for seizures and mental health and substance abuse conditions. The SupremeCourt denied the motion. We modify.
Contrary to Schindler's contentions, the records relating to Salazar's mental health andsubstance abuse treatment were not discoverable inasmuch as they were privileged under CPLR4504 and 4507, and Salazar withdrew any claims for injuries relating to those conditions (see Cruci v General Elec. Co., 33AD3d 840 [2006]; Goldberg v Fenig, 300 AD2d 439 [2002]; Carboni v NewYork Med. Coll., 290 AD2d 473 [2002]). Schindler was, however, entitled to disclosure ofthe records relating to Salazar's treatment for seizures, inasmuch as the records are relevant andSalazar waived his privilege with respect to them (see CPLR 3101 [a]; 4504). Prudenti,P.J., Dillon, Balkin and Sgroi, JJ., concur.