NAPOLI v. BERN

161423/15, 161529/18. Appeal No. 12056N-12057N. [M-2734, M-2735]. Case No. 2019-1756, 2019-3384.

187 A.D.3d 510 (2020)

130 N.Y.S.3d 317

2020 NY Slip Op 05687

Marie Kaiser Napoli, Appellant, v. Marc Jay Bern et al., Respondents. Law Offices of Clifford James et al., Nonparty Respondents. Maria Kaiser Napoli, Appellant, v. Clifford James et al., Respondents. Vanessa Dennis et al., Nonparty Respondents.

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

Decided October 13, 2020.


Appeal from orders, same court and Justice, entered April 3, 2019, which denied plaintiff's motion to compel disclosure of nonparty Pathways' records, unanimously dismissed, without costs.

The motion court providently exercised its discretion by denying plaintiff's request to compel disclosure of nonparty Dennis' medical records. Even assuming that the records are relevant, plaintiff failed to show that the confidentiality protections applicable to such records were...

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