James v. 1620 Westchester Ave. LLC

Saxe and Gische, JJ.,

dissent in part in a memorandum by Saxe, J., as follows: Although I agree that defendants failed to show the “compelling need” for medical records concerning HIV required by Public Health Law § 2785 (2) (a), I would direct disclosure of, and deny a protective order relating to, records concerning any recent treatment plaintiff received for mental health problems, alcohol abuse or substance abuse, as well as standard medical records.

As a rule, “all matter material and necessary in the prosecu*577tion or defense of an action” should be fully disclosed (CPLR 3101 [a]; see Allen…