BIELEWICZ v. MAPLEWOOD HOME


4 Misc.3d 475 (2004)

778 N.Y.S.2d 666

SHERYL S. BIELEWICZ, as Administrator of the Estate of MILTON SICK, Deceased, et al., Plaintiffs v. MAPLEWOOD NURSING HOME, INC., Defendant.

Supreme Court, Monroe County.

June 7, 2004.


Attorney(s) appearing for the Case

Lacy, Katzen, Ryen & Mittleman, LLP, Rochester (Jacqueline Thomas and Peter Rogers of counsel), for plaintiffs.

Somerset Firm, LLC, Canandaigua (Margaret Somerset of counsel), for defendant.


OPINION OF THE COURT

ANDREW V. SIRACUSE, J.

The motions in this case deal with discovery issues and a proposed amendment to the complaint. These questions, though sometimes contentious, rarely involve substantial legal questions. This case is an exception. It raises serious issues about the confidentiality of certain internal nursing home documents, and, as the defendant has argued, the proposed new cause of action based on Public Health Law § 2801...

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