Legal Opinion
In Re an Application to Quash a Subpoena Duces Tecum in Grand Jury Proceedings
New York Court of Appeals
Decided June 17, 1982PublishedCited by 44 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
We hold today that a hospital being investigated by a Grand Jury in connection with possible crimes committed against its patients by the hospital staff may not successfully assert the physician-patient (CPLR 4504) or social worker-client (CPLR 4508) privileges, or the patient’s right to privacy, in opposition to a Grand Jury subpoena calling for the hospital’s records. Additionally, the conditional bar to discovery of material prepared for litigation provided by CPLR 3101 (subd [d]) does not apply in the face of a valid Grand Jury subpoena duces tecum.
In…
2Cases cited4 opinions
- People v. EckertNew York Court of Appeals · 1956
- People v. SternNew York Court of Appeals · 1958
- People v. LayAppellate Division of the Supreme Court of the State of New York · 1938
- People v. LayNew York Court of Appeals · 1939
3Cited by44 opinions
- In re Grand Jury Investigation of Onondaga CountyNew York Court of Appeals · 1983
- New York City Health & Hospitals Corp. v. MorgenthauNew York Court of Appeals · 2002
- State v. MilesCourt of Appeals of Arizona · 2005
- State v. ChenetteSupreme Court of Vermont · 1989
- In re Grand Jury Subpoena for Documents in the Custody of the Bekins Storage Co.New York Supreme Court · 1983
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