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THOMPSON v. PIBLY RESIDENTIAL PROGRAMS, INC.

1972, 24380/05

69 A.D.3d 453 (2010)

892 N.Y.S.2d 395

2010 NY Slip Op 205

KELLY THOMPSON, Respondent, v. PIBLY RESIDENTIAL PROGRAMS, INC., Appellant, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 12, 2010.

Defendant resident's records, redacted so as not to pertain to diagnosis or treatment but only to behavior, are not privileged and may be used to establish defendant program's prior actual or constructive knowledge of defendant resident's propensity for violence toward plaintiff (see J.Z. v South Oaks Hosp., 67 A.D.3d 645 [2009]; Moore v St. John's Episcopal Hosp., 89 A.D.2d 618, 619 [1982...

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