A divorcing wife and her attorney face sanctions for obtaining her husband’s medical records in what an appellate court has inferred was a procedural end-run “to harass and maliciously injure” him.
The Appellate Division, Second Department, ruled last week in Duval v. Duval, 2010-05280, that a Nassau County judge had “improvidently” exercised his discretion by denying the motion of Christopher Duval to suppress the contents of the records obtained from Long Island Jewish Medical Center with a subpoena served by Esther Duval in connections with a custody fight.
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