Nursing Home Can't Claim Deceased Tenant's Medical Records Are Confidential

(Decision submitted by Jennifer A. Ecker of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict tenant's son after tenant died. The son claimed pass-on rights. Landlord asked the nursing home where tenant resided before she died to produce tenant's medical records. The nursing home claimed it shouldn't have to produce tenant's medical records. Landlord claimed that tenant lived in the nursing home from 1989 to 1992 and was then transferred to another facility for further treatment. Landlord claimed that it needed to verify this information because it was relevant to the issue of pass-on rights in the case. The court ruled for landlord. The nursing home didn't have standing to claim confidentiality on behalf of the deceased tenant. And tenant's son gave up whatever right he may have had to object to production of the records by using tenant's medical condition as a defense. In addition, the information sought by landlord wasn't related to tenant's actual medical condition but related to matters that were public record, such as admission dates and emergency contacts.

Chester Brady Ave., LLC v. Rivera: L&T Index No. 28793/99 (7/2/99) (Civ. Ct. Bronx; Doherty, J) [2-pg. doc.]