Landlord Seeks Medical Records on Tenant's Alcohol Problem

March 1, 1993

LVT Number: 6767

Tenant sued landlord for damages for injuries sustained when he stepped into an elevator in landlord's building and fell into an open elevator shaft. Tenant claimed he suffered neurological damage. Landlord sought discovery of tenant's medical records for a 15-year period predating the accident. Landlord claimed that there could be evidence of chronic alcoholism in those records, which would could have some bearing on tenant's medical condition. Both the trial court and appeals court denied landlord's request for access to these records.

Tenant sued landlord for damages for injuries sustained when he stepped into an elevator in landlord's building and fell into an open elevator shaft. Tenant claimed he suffered neurological damage. Landlord sought discovery of tenant's medical records for a 15-year period predating the accident. Landlord claimed that there could be evidence of chronic alcoholism in those records, which would could have some bearing on tenant's medical condition. Both the trial court and appeals court denied landlord's request for access to these records. Landlord didn't show that these records were material and necessary to its case. Landlord didn't submit any statements from medical experts claiming that there was a possible link between tenant's injuries and chronic alcoholism

[Manley v. New York City Housing Authority: NYLJ, p. 30, col. 1 (2/22/93) (App. Div. 1 Dept.; Carro, JP, Wallach, Asch, Kassal, JJ)].

Topics

More like this