| Schlau v City of Buffalo |
| 2015 NY Slip Op 01371 [125 AD3d 1549] |
| February 13, 2015 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Kenneth M. Schlau, Jr., Respondent, v City of Buffalo et al., Appellants, et al., Defendants. (Appeal No. 3.) |
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City (Gregory J. Dell of counsel), for defendants-appellants City of Buffalo, Buffalo Urban Renewal Agency, Western New York Arena, LLC, HSBC Arena and ADT Security Services, Inc. (ADT).
Roach, Brown, McCarthy & Gruber, P.C., Buffalo (Joel J. Java, Jr., of counsel), for defendant-appellant U. & S. Services, Inc.
Paul W. Beltz, P.C., Buffalo (Debra A. Norton of counsel), for plaintiff-respondent.
Appeals from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 8, 2013. The order, among other things, denied the motions of defendants City of Buffalo, Buffalo Urban Renewal Agency, Western New York Arena, LLC, HSBC Arena, ADT Security Services, Inc. (ADT) and U. & S. Services, Inc. to compel production of complete copies of plaintiff's medical records previously subpoenaed to Supreme Court.
It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motions in part and directing plaintiff to produce unredacted copies of his hospital and pediatric medical records dated on or after March 20, 1997, and as modified the order is affirmed without costs.
Same memorandum as in Schlau v City of Buffalo ([appeal No. 1] 125 AD3d 1546 [2015]). Present—Scudder, P.J., Smith, Carni, Lindley and Sconiers, JJ.