Villano v. State

OPINION OF THE COURT

Gerard M. Weisberg, J.

A claimant, who was allegedly assaulted by a psychiatric patient under the care of the defendant, State of New York, seeks to discover and inspect the assailant’s hospital record as well as any incident reports involving attacks by that individual.

All medical information contained in these documents is privileged. (See, Moore v St. John’s Episcopal Hosp., 89 AD2d 618.) However, claimant is entitled to all nonmedical data, particularly reports of similar violent behavior. (See, Homere v State of New York, 41 AD2d 797; Mayer v Albany Med. Center Hosp.,…