JANICE JONES, ETC. res, v. LEFRANCE LEASING LIMITED PARTNERSHIP ap — (INDEX NO. 17558/07) In an action, inter alia, to recover damages for wrongful death, etc., the defendants LeFrance Leasing Limited Partnership and Mid State Management Corporation appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated June 3, 2013, as granted that branch of the plaintiffs’ cross motion which was, in effect, for leave to amend the complaint to add a cause of action alleging gross negligence and a demand for punitive damages against them, and the defendant Alliance Elevator Company separately appeals, as limited by its brief, from so much of the same order as denied that branch of its motion which was to compel the plaintiffs to provide HIPAA (Health Insurance Portability and Accountability Act of 1996, Pub L 104-191, 110 US Stat 1936)-compliant authorizations for the release of medical records of the plaintiff Janice Jones and speaking authorizations pursuant to Arons v. Jutkowitz (9 NY3d 393) for her medical providers with an expiration date of “at the conclusion of litigation,” and granted that branch of the plaintiffs’ cross motion which was, in effect, for leave to amend the complaint to add a cause of action alleging gross negligence and a demand for punitive damages against them.
ORDERED that the order is modified, on the law, on the facts, and in the exercise of discretion, (1) by deleting the provision thereof granting that branch of the plaintiffs’ cross motion which was, in effect, for leave to amend the complaint to add a cause of action alleging gross negligence and a demand for punitive damages and substituting therefor a provision denying that branch of the cross motion, and (2) by deleting the provision thereof denying that branch of the motion of the defendant Alliance Elevator Company which was to compel the plaintiffs to provide HIPAA-compliant authorizations for the release of medical records of the plaintiff Janice Jones and speaking authorizations pursuant to Arons v. Jutkowitz (9 NY3d 393) for her medical providers with the expiration date of “at the conclusion of litigation,” and substituting therefor a provision granting that branch of the motion only to the extent of directing the plaintiffs to provide HIPAA-compliant authorizations for the release of that plaintiff’s medical records and speaking authorizations pursuant to Arons v. Jutkowitz (9 NY3d 393) for her medical providers concerning her stroke on July 5, 2006, with an expiration date of “at the conclusion of litigation,” and otherwise denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the defendants appearing separately and filing separate briefs.
