Landlord's Attorney Disclosed Confidential Medical Records

January 1, 1993

LVT Number: 6603

Landlord sued to evict tenant for illegally subletting an apartment to her husband. Landlord claimed that the marriage was a sham because tenant's husband was gay. As proof of this, landlord's attorney submitted hospital records containing the husband's medical history. The records stated that the husband was a gay person with AIDS. The court ruled that landlord's attorney acted improperly---first, by covertly getting the confidential personal records by subpoena and, second, by disclosing them.

Landlord sued to evict tenant for illegally subletting an apartment to her husband. Landlord claimed that the marriage was a sham because tenant's husband was gay. As proof of this, landlord's attorney submitted hospital records containing the husband's medical history. The records stated that the husband was a gay person with AIDS. The court ruled that landlord's attorney acted improperly---first, by covertly getting the confidential personal records by subpoena and, second, by disclosing them. To encourage voluntary testing, medical records of AIDS patients are confidential under the public health law. The court ordered a hearing to impose sanctions on landlord's attorney for abusing the subpoena process.

[Gottlieb v. Martha A. and George B.: NYLJ, p. 22, col. 5 (12/4/92) (Civ. Ct. NY; Stallman, J)].

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