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Colindres v. Carpenito

Supreme Court, Westchester County

February 27, 2017

Rochelle Colindres, Plaintiff,
v.
Mario Carpenito, Jr., WHITE PLAINS DEPARTMENT OF PARKING, and CITY OF WHITE PLAINS, Defendants.

          Sanocki Newman & Turret LLP By Carl B. Tegtmeier, Esq. Attorneys for Plaintiff.

          Hodges Walsh & Messemer, LLP By John J. Walsh, Esq. Attorneys for Defendant Mario Carpenito, Jr.

          Wilson, Elser, Moskowitz, Edelman & Dicker LLP By Gracie C. Wright, Esq. Attorneys for Defendant City of White Plains (s/h/a White Plains Department of Parking and City of White Plains).

          HON. JOAN B. LEFKOWITZ, J.S.C.

         The following papers were read on this motion by plaintiff Rochelle Colindres, as limited by the Affirmation in Support, for: (1) a protective order, pursuant to CPLR 3103(a), denying defendants' demand for a medical report, as defined by Uniform Rules for Trial Courts (22 NYCRR) § 202.17(b), from Diane Henry, plaintiff's former treating psychologist; (2) an order, pursuant to Uniform Rules for Trial Courts (22 NYCRR) § 202.17(j), relieving plaintiff from compliance with § 202.17(b)(1) of the Uniform Rules for Trial Courts (22 NYCRR) with respect to a report from Diane Henry, and (3) for such other and further relief as this court deems just and proper under the circumstances.

         Order to Show Cause - Affirmation in Support - Exhibits A-L (Ex. I for in camera review)

         Affirmation in Opposition on behalf of defendant Mario Carpenito - Exhibits A-C

         Affirmation in Opposition on behalf of defendant City of White Plains (s/h/a White Plains Department of Parking and City of White Plains) - Exhibit A - Memorandum of Law

         Upon the foregoing papers and the proceedings held on, this motion is determined as follows:

         Factual and Procedural Background

         In this action, plaintiff seeks to recover damages she allegedly sustained as the result of the actions of defendant Mario Carpenito, Jr., a parking enforcement officer for defendant City of White Plains, also sued herein as defendant White Plains Parking Department (hereinafter collectively "defendant City"). Plaintiff alleges, inter alia, that after issuing a parking citation to plaintiff, defendant Carpenito propositioned her and advised her that he would get rid of the parking violation and other tickets, give her an allowance, and pay for repairs to her motor vehicle in exchange for sexual favors. Plaintiff alleges that defendant Carpenito's statements caused her to suffer severe emotional distress, mental trauma, and anguish.

         By demand dated October 15, 2015, defendant Carpenito demanded narrative reports of all physicians, specialists, psychiatrists, psychologists, social workers and other medical personnel whom plaintiff may call as a witness. By response dated January 11, 2016, plaintiff responded that she was not presently in possession of any narrative reports.

         Plaintiff's deposition and independent medical examination (hereinafter "IME") by Dr. Barbara Baer, PhD, the psychologist designated by defendants, took place in August and October, 2016, respectively. In her report, Dr. Baer noted she reviewed, among other items, plaintiff's medical records. Plaintiff failed to exchange a report from her treating psychologist, Diane Henry, prior to plaintiff's IME.

         Thereafter, at a Compliance Conference held on November 9, 2016, the issue of plaintiff's failure to exchange medical reports from plaintiff's treating physicians was raised. The issue was further discussed at Compliance Conferences held on November 30, 2016 and December 19, 2016. To date, ...


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