Creekmore v PSCH, Inc.

Creekmore v PSCH, Inc. 2009 NY Slip Op 02464 [60 AD3d 585] March 31, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 6, 2009

Kimberly Creekmore, Plaintiff,
v
PSCH, Inc., Respondent. Creedmoor Psychiatric Center, Nonparty Appellant.

—[*1] Andrew M. Cuomo, Attorney General, New York (Ann P. Zybert of counsel), for appellant.

Jones Hirsch Connors & Bull P.C., New York (Richard Imbrogno of counsel), for respondent.

Order, Supreme Court, New York County (Martin Shulman, J.), entered April 4, 2008, which, after an in camera document review, directed nonparty appellant Creedmoor Psychiatric Center to produce redacted copies of 10 of the 93 documents requested by defendant, unanimously affirmed, without costs.

The motion court providently exercised its discretion in determining that redacted versions of 10 of the documents, purportedly subject to the statutory privilege afforded by Education Law § 6527 (3), are probative, material and necessary to aid defendant in its defense of this action, where appellant failed to demonstrate that it would suffer any prejudice by their production to defendant (see CPLR 3103; Education Law § 6527 [3]). Concur—Gonzalez, P.J., Tom, Sweeny, Catterson and Renwick, JJ.