A Manhattan resident claiming emotional distress damages in a lawsuit that alleges his apartment building’s doorman harassed and assaulted him, including by coming after him with a wrench and using anti-Semitic language against him, cannot shield his own mental health records, a state appeals court has decided.

An Appellate Division, First Department panel has ruled that resident Steven Rosen “put his mental condition in issue by seeking to recover damages for emotional distress as a result of the actions alleged in the complaint,” citing Cynthia B. v New Rochelle Hosp. Med. Ctr. and Budano v. Gurdon.

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