“The decision is factually incorrect,” he said, “because the patient was never involuntarily committed for psychiatric treatment and observation.”

He added, “We intend to make a motion to resettle the decision, to [ask the panel to] delete that factual statement in the decision, which is simply incorrect.”

Frank Raimond, of Raimond & Wong in Manhattan, represents plaintiff Dorothy Eng in the lawsuit. Reached on Wednesday, he declined to comment.

The panel also upheld Mendez’s denial of dismissal regarding Dorothy Eng’s claim against NYU Hospitals Center for negligent supervision and retention of Martina Eng as a nurse.

“As to the cause of action for negligent hiring, training, supervision, and retention of Martina, issues of fact exist as to whether defendant knew or should have known that Martina would use her credentials as an employee to gain access to her mother’s medical records without authorization,” the panel wrote.

It then added that “Martina had made it clear to defendant’s staff that she was pursuing guardianship over her mother, and she made inquiries to several members of staff about obtaining her mother’s medical records to use as support for her guardianship application.”

On a remaining negligence claim, though, the panel reversed Mendez: The claim that NYU Hospitals Center was negligent in 2013 in how it maintained and secured Hing May Eng’s medical records.

“The cause of action for negligence in maintaining and securing the decedent’s medical records should have been dismissed, because the record demonstrates that Martina’s improper gaining of access to the decedent’s medical records was in furtherance not of defendant’s business but of her own personal pursuit of guardianship over her mother,” the panel wrote, citing Doe v. Guthrie Clinic, 22 N.Y.3d 480.

Added Justices John Sweeny, Dianne Renwick, Sallie Manzanet-Daniels, Peter Tom and Jeffrey Oing, “There is no evidence that defendant stood to benefit from Martina’s being named the decedent’s guardian.”

Barbara Goldberg, a Martin Clearwater partner, represented NYU Hospitals Center in the appeal. Sola is the firm’s lead trial counsel on the case.