Legal Opinion

Bielewicz v. Maplewood Nursing Home, Inc.

New York Supreme Court

Decided June 7, 2004PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Andrew V. Siracuse, J.

The motions in this case deal with discovery issues and a proposed amendment to the complaint. These questions, though sometimes contentious, rarely involve substantial legal questions. This case is an exception. It raises serious issues about the confidentiality of certain internal nursing home documents, and, as the defendant has argued, the proposed new cause of action based on Public Health Law § 2801-d would significantly transform nursing home liability.

The first major question presented in plaintiffs’ motions is the discoverability of reports…

2Cases cited5 opinions

  1. Mtr. of Subpoena Duces Tecum to Jane DoeNew York Court of Appeals · 2003
  2. KATHERINE F. v. State of NYNew York Court of Appeals · 1999
  3. Doe v. Westfall Health Care Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  4. Goldberg v. Plaza Nursing Home Comp., Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  5. In re Subpoena Duces Tecum Dated April 25, 2001Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by4 opinions

  1. Zander v. Craig HospitalDistrict Court, D. Colorado · 2010
  2. Bielewicz v. Maplewood Nursing Home, Inc.New York Supreme Court, Monroe County · 2004
  3. Kash v. Jewish Home & Infirmary of Rochester, N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Pasqua v. Bon Secours New York Health System, Inc.New York Supreme Court · 2006

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