ARONS v. JUTKOWITZ


37 A.D.3d 94 (2006)

825 N.Y.S.2d 738

MANUEL ARONS et al., Appellants-Respondents, v. ROBERT JUTKOWITZ et al., Respondents-Appellants, et al., Defendant.

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

December 5, 2006.


Attorney(s) appearing for the Case

Philip J. Dinhofer, LLC, New York City, for appellants-respondents.

Vaslas Lepowsky Hauss & Danke, LLP, Great Neck (Mauro, Goldberg & Lilling, LLP [Kenneth Mauro, Barbara D. Goldberg and Matthew W. Naparty] of counsel), for Robert Fulop, respondent-appellant.

Amabile & Erman, P.C., Staten Island (Flutra Limani of counsel), for Robert Jutkowitz, respondent-appellant.

Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, New York City (Michael J. Gudzy of counsel), for Staten Island University Hospital and others, respondent-appellants.

RIVERA, SKELOS and LIFSON, JJ., concur.


OPINION OF THE COURT

ADAMS, J.P.

The appeal in this action to recover damages for medical malpractice and wrongful death, etc., presents an issue of first impression regarding the interplay of the federal Health Insurance Portability and Accountability Act of 1996 (42 USC § 1320d et seq. [hereinafter HIPAA]) and the defense bar's informal practice of privately interviewing plaintiffs' nonparty treating physicians after a note of issue has been...

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