The Appellate Division affirmed the denial of the petition to quash an out-of-state subpoena pursuant to CPLR 3119(e), and the granting of the motion to compel compliance with the subpoena. The information sought had been judicially determined to be relevant to the matrimonial proceedings pending in Pennsylvania, and that determination is entitled to full faith and credit without further inquiry. Limited discovery of the petitioner's mental health records is not in clear violation of New York law, pursuant to Mental Hygiene Law § 33.13[c][1], where the relevance of the information sought has been established. In any event, since the issue of whether the petitioner's right to privacy and doctor-patient privilege precludes limited discovery of his mental health records has been litigated in the Pennsylvania courts, he is collaterally estopped from relitigating the issue in New York.
Suresh v. Krishnamani, NY Slip Op 00247 (1st Dep't January 19, 2023)
