November 16, 2018

Disclosure of mental health records.

Practice point:  Plaintiff put his mental condition at issue by seeking to recover damages for emotional distress. Pursuant to CPLR 3101(a), he must provide defendants with an unlimited authorization for all mental health records for treatment in connection with the injuries he alleges in the complaint.

Rosen v. MHM Realty LLC, NY Slip Op 07549 (1st Dep't November 8, 2018)

Here is the decision.