In DelTerzo v. Hospital for Special Surgery, 2012 WL 1623569, 2012 N.Y. Slip Op. 03713 (May 10, 2012), the Appellate Division, First Department, has rendered a significant decision protecting the privacy of plaintiffs. This decision curtails the unwarranted disclosure of sensitive HIV-related, substance abuse and mental health records unrelated to the condition in controversy in a medical malpractice or personal injury action.
CPLR 3101(a) provides that: “There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action…”
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