Justice Joan Madden
Alford moved for leave to withdraw his post-traumatic stress disorder and related psychological/mental health claims. He also sought a protective order to prevent production of his medical records regarding prior treatment for substance abuse and mental health treatment. New York City’s Housing Authority cross-moved to dismiss the complaint for failure to comply with court-ordered discovery. Alford allegedly sustained injuries when he fell into an elevator shaft at an Housing Authority building. The court noted striking Alford’s pleading, or granting an order of preclusion, was inappropriate as he complied with discovery. It also granted the motion to withdraw claims for damages relating to PTSD, and other mental health claims, noting the delay in seeking such relief was not grounds for denying it. The court also stated as Alford withdrew his claims for damages related to his mental condition, his allegations regarding loss of enjoyment were limited to physical injuries. As defendants have not provided evidence showing records relating to prior treatment of Alford’s mental condition, including for alcohol or drug dependency, had any connection to his ability to recover from his injuries, Alford’s motion was granted.
