Jordan v. BBP St Owner, LLC

2024 NY Slip Op 30898(U)

• Court: New York Supreme Court, New York County
• Decided: March 19, 2024
• Status: Unpublished

Opinion

Jordan v BBP St Owner, LLC 2024 NY Slip Op 30898(U) March 19, 2024 Supreme Court, New York County Docket Number: Index No. 158867/2017 Judge: Sabrina Kraus Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. INDEX NO. 158867/2017 NYSCEF DOC. NO. 280 RECEIVED NYSCEF: 03/19/2024

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. SABRINA KRAUS PART 57M Justice ---------------------------------------------------------------------------------X INDEX NO. 158867/2017 CHRISTOPHER JORDAN, MOTION DATE 11/14/2023 Plaintiff, MOTION SEQ. NO. 008 -v- BBP ST OWNER, LLC,QUICK PARK PCVST GARAGE LLC,PRECISION TIME SYSTEMS, INC. D/B/A PRECISION DECISION + ORDER ON TECHNOLOGY SOLUTIONS, INC.,FAAC INTERNATIONAL, INC., MOTION

Defendant. ---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 008) 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 264, 265, 266, 267, 268, 269, 270, 271, 273, 274, 275, 276, 278 were read on this motion to/for STRIKE PLEADINGS .

BACKGROUND

Plaintiff commenced this action seeking damages for personal injuries he suffered on

January 8, 2017, when he was struck in the head by a gate to a parking garage in Stuyvesant

Town.

PENDING MOTION

On December 20, 2023, BPP ST OWNER, LLC and QUIK PARK PCVST GARAGE

LLC ("Movants") sought relief from the court pursuant to CPLR §§ 3126 and 3124 based on

Plaintiff’s refusal to provide authorizations for a social worker and his school records dating

back to 2003.

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On December 19, 2023, the motion was marked submitted and the court reserved

decision.

The motion is granted to the extent set forth below.

DISCUSSION

In 2003, Plaintiff applied for and received disability benefits in relation to a medical

condition. Movants argue they need records dating back so far to compare the extent of

Plaintiff’s disability prior to the 2017 accident with the additional impairment he suffered as a

result of the 2017 accident.

CPLR §3101(a) broadly mandates disclosure of all matter material and necessary in the

prosecution or defense of an action. The term “material and necessary”, as used in 3101(a), must

be “interpreted liberally to require disclosure, upon request, of any facts bearing on the

controversy which will assist preparation for trial by sharpening the issues and reducing delay

and prolixity.” Quinones v. 9 E. 69th St., LLC, 132 AD 3d 750, 750 (2d Dept 2015).

JAMIE GREENFIELD, LCSW’S RECORDS

Jamie Greenfield is a licensed clinical social worker who has treated Plaintiff since 2004.

Plaintiff provided Movants with an authorization to obtain Plaintiff’s records from Social

Security Disability. Contained within the file were typed records from Greenfield. Based upon

these records, Movants sought an authorization to obtain the records from Greenfield, which

Plaintiff provided. The authorization was for any records of Greenfield except psychotherapy

notes.

After providing the authorization, Plaintiff asserts Greenfield indicated psychotherapy

notes would be disclosed in response and Plaintiff revoked the authorization provided. Movants

also assert that Plaintiff's counsel revoked the authorization because Plaintiff believed the

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records would compromise Plaintiff's social relationships with individuals he talked about during

his sessions with Greenfield. However, Movants correctly argue that such information will not

be disclosed to the public or filed on NYSCEF, and as per prior motion practice in this case, this

present Motion and all exhibits have been sealed.

The Court further agrees with Movants that Plaintiff waived the physician-patient

privilege and any objections he had and acknowledged that the records were relevant and

discoverable when the prior authorization was provided [Ritter v Good Samaritan Hosp.11

AD3d 667 (2nd Dept, 2004).

Based on the foregoing, the Court directs that Plaintiff provide a new authorization for

Greenfield, which may contain the same exception for psychotherapy notes included in the

original authorization, within 30 days from the date of this order.

DEFENDANTS ARE NOT ENTITLED TO PLAINTIFF’S SCHOOL RECORDS

At the time of the subject accident, Plaintiff was fifty-three (53) years old, retired, and

receiving social security disability due to diagnosis of a previous condition. Movants seek

Plaintiff’s school records which date back over forty (40) years. The same are not necessary, or

reflective, to determine Plaintiff’s premorbid condition.

Based on the foregoing the motion to compel the production of same is denied.

WHEREFORE it is hereby:

ORDERED that the motion is granted to the extent of compelling Plaintiff to provide a

new authorization for Greenfield’s records as set forth above; and it is further

ORDERED that all other relief requested has been considered and is denied; and it is

further

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ORDERED that counsel are directed to appear for the virtual status conference scheduled

on June 24, 2024, at 10 AM; and it is further

ORDERED that, within 20 days from entry of this order, Movants shall serve a copy of

this order with notice of entry on the Clerk of the General Clerk’s Office (60 Centre Street,

Room 119); and it is further

ORDERED that such service upon the Clerk shall be made in accordance with the

procedures set forth in the Protocol on Courthouse and County Clerk Procedures for

Electronically Filed Cases (accessible at the “E-Filing” page on the court’s website at the

addresswww.nycourts.gov/supctmanh);].

3/19/2024 DATE SABRINA KRAUS, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION

GRANTED DENIED X GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

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