MATTER OF HERNANDEZ v. LUTHERAN MED. CTR.


104 A.D.2d 368 (1984)

In the Matter of Gladys Hernandez, Individually and on Behalf of Marcial Carmona, an Infant, Appellant, v. Lutheran Medical Center, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 6, 1984


Order affirmed, with costs.

Petitioner, seeking to commence a medical malpractice action, requested the Lutheran Medical Center to furnish her with the relevant medical records. The hospital responded that such records would be made available upon payment of a $409 fee, computed at $1 per page plus a $15 search and retrieval fee. Claiming that the fee was excessive, petitioner commenced this proceeding.

Pursuant to section 17 of the Public Health Law, patients...

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