MANUEL ARONS, Individually and as Executor of PHYLLIS ARONS, Deceased, Respondent,
v.
ROBERT JUTKOWITZ et al., Appellants, et al., Defendant.
TANYA WEBB, Respondent,
v.
NEW YORK METHODIST HOSPITAL et al., Appellants.
ANNETTE J. KISH, as Administrator De Bonis Non of the Estate of JAMES J. JERGE, Deceased, Respondent,
v.
DAVID H. GRAHAM, M.D., et al., Appellants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued October 17, 2007.
Decided November 27, 2007.
Attorney(s) appearing for the Case
Amabile & Erman, P.C., Staten Island (Flutra Limani of counsel), for Robert Jutkowitz, appellant in the first above-entitled action.
Mauro Goldberg & Lilling LLP, Great Neck (Barbara DeCrow Goldberg of counsel), and Vaslas Lepowsky Hauss Danke LLP for Robert Fulop, appellant in the first above-entitled action.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City (Michael J. Gudzy, Timothy J. Sheehan and Richard E. Lerner of counsel), for William Gael and others, appellants in the first above-entitled action.
Philip J. Dinhofer, LLC, Rockville Centre (Philip J. Dinhofer of counsel), for respondent in the first above-entitled action.
Michael A. Cardozo, Corporation Counsel, New York City (John Hogrogian, Diane Conyers and Suzanne K. Colt of counsel), for New York City Health and Hospitals Corporation, amicus curiae in the first above-entitled action.
Aaronson, Rappaport, Feinstein & Deutsch, LLP, New York City (Steven C. Mandell of counsel), for appellants in the second above-entitled action.
Oshman & Mirisola, LLP, New York City (David L. Kremen of counsel), for respondent in the second above-entitled action.
Mauro Goldberg & Lilling LLP, Great Neck (Barbara DeCrow Goldberg of counsel), and Damon & Morey LLP for appellants in the third above-entitled action.
Hamsher & Valentine, Buffalo (Richard P. Valentine of counsel), and Hancock & Estabrook, LLP, Syracuse (Alan J. Pierce of counsel), for respondent in the third above-entitled action.
Kramer, Dillof, Livingston & Moore, New York City (Matthew Gaier and Brian Isaac of counsel), for New York State Trial Lawyers' Association, amicus curiae in the first, second and third above-entitled actions.
Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH and JONES concur with Judge READ; Judge PIGOTT dissents in a separate opinion.
Court of Appeals of the State of New York.
OPINION OF THE COURT
READ, J.
These appeals call upon us to decide whether an attorney may interview an adverse party's treating physician privately when the adverse party has affirmatively placed his or her medical condition in controversy. We conclude that an attorney may do so, although the Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub L 104-191, 110 US Stat 1936 [1996] [codified as...
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