Justice Francois Rivera
Accetta sought an order directing Brookdale University Medical Center (BUMC) to show cause why it should not be ordered to provide her with a full and complete copy of her medical records. Accetta’s prior order was denied without prejudice. Here, the court ruled pre-action disclosure under CPLR 3103(c) was unavailable to Accetta to determine if she had a cause of action. It noted the petition was verified by Accetta’s attorney, thus could not be utilized as her affidavit under §105(u). Counsel sought the records to allegedly investigate potential medical malpractice claims. The court stated Accetta failed to provide sufficient information regarding the nature of the potential litigation, noting the petition did not include an expert medical opinion to establish a prima facie case. Thus, it concluded Accetta failed to satisfy §3102(c). Also, Accetta cited §4505(c)(1), as authority for the relief sought, yet the statute provided no authority for obtaining medical records of an individual who was alive, and Accetta cited no authority to support the notion an exception to an evidentiary privilege could provide an affirmative legal basis for relief. Therefore, the court again denied Accetta’s motion without prejudice.
