Klinger v Perera

[*1] Klinger v Perera 2010 NY Slip Op 50941(U) [27 Misc 3d 140(A)] Decided on May 26, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 26, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
570214/10.

Liliana Klinger, Plaintiff-

against

Phillips Perera, M.D., Defendant-Respondent.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), dated September 3, 2009, which denied her motion to compel defendant to produce her medical records.

Per Curiam.

Order (Jeffrey K. Oing, J.), dated September 3, 2009, affirmed, without costs.

Defendant, a physician, is not the legal custodian of plaintiff's hospital records, and therefore cannot be compelled to produce those records. In any event, even assuming that plaintiff could otherwise compel defendant to produce the records, plaintiff failed to demonstrate entitlement to their production (see Mental Hygiene Law 33.16; see also 45 CFR 160.203[b], 160.202).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 26, 2010