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eBook details

• Title: Carter v. Maloff
• Author : Appellate Division, Fourth Department, New York Supreme Court
• Release Date : January 10, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff commenced this action seeking damages for emotional injuries he allegedly suffered when his sons remains were disinterred nearly eight months after burial and the casket was discovered to be filled with water. Supreme Court granted the motions of defendants Columbia Casket Corporation and Kenco Manufacturing Co., Inc. (Kenco), and the application of defendant Jan Maloff, individually and d/b/a Dewitt Memorial Funeral Home (Maloff), for summary judgment dismissing the complaint on the ground that plaintiff failed to comply with a prior conditional order of preclusion. That was error. The order required plaintiff to provide authorizations for defendants to obtain medical records from "each health care provider, doctor or mental health professional" with whom plaintiff treated from the date of his discharge from the Navy to the present that "relate to any injuries either physical or psychological or otherwise which plaintiff claims are the basis for the damages set forth in the complaint". In response to that order, plaintiff provided within the required time period 16 releases addressed to health care providers, hospitals and physicians, authorizing the release to defendants of outpatient records and providing the dates of plaintiffs treatment with those health care providers, hospitals and physicians. In addition, plaintiff checked the box labeled "Other" and specifically requested records relating to treatment for physical or psychological conditions relating to the death of his son in February 1991. The court agreed with defendants argument that plaintiff had improperly limited the releases to records of treatment provided specifically as a result of conditions related to his sons death, precluded plaintiff from introducing any medical evidence at trial and granted summary judgment dismissing the complaint.

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