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CYNTHIA B. v. HOSP.

60 N.Y.2d 452 (1983)

Cynthia B. et al., Respondents, v. New Rochelle Hospital Medical Center et al., Defendants, and Mary M. Curtis et al., Respondents. New York Hospital, Appellant.

Court of Appeals of the State of New York.

Decided December 1, 1983.

Attorney(s) appearing for the Case

Robert E. Crotty, Susan H. Rockford and Robert A. Horowitz for appellant.

Paul F. McAloon and Abraham Fuchsberg for Cynthia B. and another, respondents.

John J. Pilkington for Mary M. Curtis and another, respondents.

Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur with Chief Judge COOKE; Judge MEYER concurs in a concurring memorandum; Judge KAYE concurs in result in a separate opinion.

Chief Judge COOKE

When a party moves to compel discovery of medical records, in this case psychiatric records, a treating hospital, physician or other institution who is custodian of the records may request a protective order on the ground that disclosure of all or part of the record may be seriously detrimental to the interests of the patient, to uninvolved third parties...

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