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Creekmore v. PSCH

March 31, 2009

KIMBERLY CREEKMORE, PLAINTIFF,
v.
PSCH, INC., DEFENDANT-RESPONDENT,
CREEDMOOR PSYCHIATRIC CENTER, NONPARTY-APPELLANT.



Order, Supreme Court, New York County (Martin Shulman, J.), entered April 4, 2008, which, after an in camera document review, directed nonparty appellant Creedmoor Psychiatric Center to produce redacted copies of 10 of the 93 documents requested by defendant, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Tom, Sweeny, Catterson, Renwick, JJ.

105095/05

The motion court providently exercised its discretion in determining that redacted versions of 10 of the documents, purportedly subject to the statutory privilege afforded by Education Law § 6527(3), are probative, material and necessary to aid defendant in its defense of this action, where appellant failed to demonstrate that it would suffer any prejudice by their production to defendant (see CPLR 3103, Education Law § 6527 [3]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090331

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