Rivera v 6141 Broadway Assoc., LLC

Annotate this Case

Download PDF

Rivera v 6141 Broadway Assoc., LLC 2013 NY Slip Op 32344(U) August 22, 2013 Sup Ct, Bronx County Docket Number: 307408/2010 Judge: Laura G. Douglas Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various state and local government websites. These include the New York State Unified Court System's E-Courts Service, and the Bronx County Clerk's office. This opinion is uncorrected and not selected for official publication. [* 1] ILED Aug 26 2013 Bronx County Clerk , I SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX, PART 11 --------------------------~--------------------------i_----------X SALVADOR RIVERA, Index No. 307408/2010 Plaintiff( s),- - against- DECISION/ORDER 6141 BROADWAY ASSOCIATES, LLC, SHUR MANAGEMENT CO. LTD AND SOLID STATE ELEVATOR CORP~, Defendant(s). --------~-------------------------------------------~----------X I Present: HON. LAURA G. DOUGLAS J.S.C. Upon the foregoing papers and after due deliberation, the Decision/Order on this , motion is as follov..s; This motion by defendants 6141 Ii3roadway Associates, LLC and ShurManagement Co. Ltd. (collectively, "6141 Broadway") seeking to compel plaintiff to 1) provide authorizations relative to prior physicall injuries; 2) provide authorizations relative to his mental health condition; and 3) to re~pond to other outstanding items of discovery is granted solely to the extent ordered below, and is otherwise denied. The plaintiff seeks compensation for injuries allegedly sustained on February 7, 2010 when he claims that an elevator dMr closed upon him. The injuries alleged in his bill of particulars involve his shoulders. A party is entitled to full disclosure of all matter which is material and necessary in the prosecution and defense of an acti<Dn (see CPLR § 3101 raJ). It is well settled that, in determining the types of material discoverable by a party to an action, whether something is "material and necessary" under CPLR 3101(a) is "to be interpreted liberally to require disclosure, upon request, of any faots bearing on the controversy which will assist preparation fer trial by sharpening the iissues and reducing delay and prolixity (see Allen v.Cromwell-Collier Publi.Co., 21 NY.2d 403 [1968)). If there is any possibility that the information sought in good faith for possible use as evidence-in-chief or in rebuttal or for cross-examination, it should be considered evidence material and necessary in the prosecution or defense and thus should be disclosed pursuant to CPLR 3101(a) (see Lau Page 1 of 3 [* 2] FILED Aug 26 2013 Bronx County Clerk v. Pescatore Parking Inc., et al., 105 AIP.3d 594 [1 st Dept. 2013], citing Allen v. CromwellCollier Publi.Co., id at 407). With respect to 6141 Broadway's demand for an authorization releasing the plaintiff's no-fault records pertaining tG> a 2008 motor vehicle accident, the plaintiff is directed to provide a courtesy original authorization for said records. The Order of Hon. Douglas E. McKeon dated September 19, 2011 explicitly directed the plaintiff to provide unrestricted authorizations for all mediqal records pertaining to said accident. 6141 Broadway also seeks authorization(s) to obtain records regarding the plaintiffs 2006 motor vehicle accident in which he apparently injured his knee, records regarding a I I purported prior lumbar fracture, and records concerning a purported prior knee ! , replacement surgery. Here, the plaintiff makes no claim of injury to his knee or back, and I no claim of-any ~ggravated or exacerbated condition. The relevancy of these requests is not demonstrated by way of any deposition testimony or medical evidence. While a claim of "loss of enjoyment of life", as the plaintiff pleads here, opens the door to certain discovery not directly linked to the physical injuries alleged (see Moreira v. M.K. Travel and Transport, Inc., 106 AD.3d 965 [2 nd D!ept. 2013] (plaintiffs mental health records) and Vanalst v. City of New York, 276 A.D.2k:J 789 [2 nd Dept. 2000] (previous back injuries)), it may also be determined that the prior il11juries are sufficiently distinct and that the claimed ~uch injuries are relatively new complaints, that discoverY of the plaintiff's entire medical history is not appropriate (see Bennettv. Gordon, 99 AD.3d 539 [1 st Dept. 2012]). Such is the case here. 6141 Broadway has not met their burden of showing that the requested records are relevant to a physical condition that the plaintiff has put at issue through any pleading or statement. 6141 Broadway also seeks authorization(s) to obtain records related to "a prior back injury which left him permanently disa~led from work" pursuant to their written demand dated May 13, 2011. The plaintiff denies any such work-related accident in 2009. The record before this Court does not contain any probative evidence to determine whether such an accident did occur. Finally, 6141 Broadway seeks authorization(s) permitting the release of the plaintiffs I mental health records. The grounds upon which these are sought involve the appointment I Page 2 of 3 I . I I . [* 3] FILED Aug 26 2013 Bronx County Clerk of a guardian ad litem for the plaintiff:n oertain landlord-tenant proceedings. The affirmed report of the examining doctor in that proceeding documents plaintiff's history of certain mental health and cognitive deficits, arid their effects upon his life. As described, these conditions definitely bear upon his ab',ility to "enjoy" and "experience" life, a claim for damages which the plaintiff has plead ~n the instant action. The defendants are entitled to discovery to determine the extent, if amy, to which the plaintiff's damages are attributable to conditions other than the one(s) at issue here (see Pirone v. Castro, 82 A.D.3d 431 [1 st , I Dept. 2011] and Rega v. Avon Products v. Pitney Bowes., et aI, 49 A.D.3d 329 [1 st Dept. i 2008]). Accordingly, these records are material and necessary to rebut this item of I damages. For the same reasons, the plaintiff shall provide an authorization to release I Social Security records concerning any', confirmed disability. Accordingly, it is hereby I ORDERED, that the plaintiff prowide defendants 6141 Broadway Associates, LLC and Shur Management Co Ltd. with a duly-executed original authorization permitting the release of the plaintiff's no-fault file pertaining to his 2008 motor vehicle accident no later than 20 days following service of a cop~ of this Order with notice of entry; and it is further ORDERED, thatthe plaintiff provide defendants 6141 Broadway Associates, LLC and Shur Management Co Ltd. with a dully··executed original authorization(s) permitting the release of the plaintiff's mental health r¢cords no later than 20 days following service of a copy of this Order with notice of entry; and it is further ORDERED, that the plaintiff p~ovide defendants 6141 Broadway Associates, lLC and Shut Management Co Ltd. with a dully-executed original authorization(s) permitting the release of the plaintiff's Social Security disability records, or an affidavit stating that he is not receiving such benefits and is not under such a disability, no later than 20 days following s·ervice of a copy of this Ordet with notice of entry. The foregoing constitutes the ,Decision and Order of this Court. DATED: g -M~ 13 BRONX, NEW YORK HON. LAURA~UGLAS, J.S.C. I Page 3 of 3 i

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.