Harris v Teldaro Realty Co., LLC

[*1] Harris v Teldaro Realty Co., LLC 2010 NY Slip Op 51283(U) [28 Misc 3d 131(A)] Decided on July 20, 2010 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 20, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Shulman, J.P., Hunter, Jr., J.
570336/10

Dana Harris, Administratrix of deceased and Dana Harris, individually, Plaintiffs-Respondents,

against

Teldaro Realty Co., LLC and RJ Equities, Inc., Defendants-Appellants, -and- Volunteers of America-Greater New York, Inc., Defendant.

Defendants Teldaro Realty Co., LLC and RJ Equities, Inc. appeal, as limited by their briefs, from those portions of an order of the Civil Court of the City of New York, Bronx County (Elizabeth A. Taylor, J.), entered March 8, 2010, which 1) denied their motion to compel plaintiffs to provide authorizations for the release of medical records pertaining to the treatment of any illness or condition that caused the death of plaintiffs' decedent, 2) denied their motion to strike the case from the trial calendar, and 3) permitted plaintiffs to amend the bill of particulars.

Per Curiam.

Order (Elizabeth A. Taylor, J.), entered March 8, 2010, insofar as appealed from, modified to direct plaintiffs, within 30 days of service upon them of a copy of this order with notice of entry thereof, to provide Health Insurance Portability and Accessability Act-compliant authorizations for their decedent's medical records from Dr. Daniel Broole (or Brooie) and New York Presbyterian Hospital; as modified, affirmed, without costs.

The complaint, bill of particulars and supplemental bill of particulars allege that plaintiffs' decedent sustained permanent injuries as a result of the accident at issue; that her physical condition was aggravated and exacerbated by the injuries she sustained as a result of that accident; and that her enjoyment of life had been "permanently impaired, impeded and/or destroyed." Given these broad allegations, we conclude that plaintiffs' decedent's entire physical condition has been placed in controversy, especially since she experienced other debilitating [*2]medical problems before and after the accident (see Rega v Avon Products, Inc., 49 AD3d 329 [2008]; Geraci v National Fuel Gas Distrib. Corp., 255 AD2d 945 [1998]; see generally Cynthia B. v New Rochelle Hosp. Med. Ctr., 60 NY2d 452 [1983]).

We have considered and rejected defendants' remaining contentions.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: July 20, 2010