Greenwald v. H & P 29th Street Associates
| Decision Date | 01 July 1997 |
| Citation | 659 N.Y.S.2d 473,241 A.D.2d 307 |
| Court | New York Supreme Court — Appellate Division |
| Parties | Glenn GREENWALD, et al., Plaintiffs-Appellants, v. H & P 29th STREET ASSOCIATES, et al., Defendants-Respondents. |
Glenn Greenwald, Pro Se.
Robert J. Apfel, for Defendants-Respondents.
Before MURPHY, P.J., and MILONAS, ELLERIN, ANDRIAS and COLABELLA, JJ.
Order, Supreme Court, New York County (David Saxe, J.), entered September 30, 1996, which in an action to recover damages for discrimination based upon defendants apartment building owner's and managing agent's refusal to aggregate plaintiffs' incomes for purposes of defendants' minimum income guidelines, inter alia, denied plaintiffs' motion for a protective order limiting disclosure to matters not privileged under CPLR 4502(b), unanimously affirmed, with costs.
The IAS court correctly held that the spousal privilege of CPLR 4502(b), which, by its terms, protects confidential communications between a "husband" and "wife" "during marriage", does not extend, in plaintiffs' words, "to homosexuals in a spousal relationship" (see, People v. Suarez, 148 Misc.2d 95, 560 N.Y.S.2d 68). Matter of Jacob, 86 N.Y.2d 651, 636 N.Y.S.2d 716, 660 N.E.2d 397 is distinguishable in that the adoption statute there in issue was "open to two differing interpretations" (at 667, 636 N.Y.S.2d 716, 660 N.E.2d 397). Braschi v. Stahl Assocs. Co., 74 N.Y.2d 201, 544 N.Y.S.2d 784, 543 N.E.2d 49 is distinguishable in that the rent regulation there in issue did not define the operative term "family" (at 208, 544 N.Y.S.2d 784, 543 N.E.2d 49). Plaintiffs' constitutional claims are unpreserved, and we decline to reach them. Were we to review them, we would find them to be without merit.
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Raum v. Restaurant Associates, Inc.
...argument that the word "spouse" in EPTL § 5-1.2 should be read to include such same-sex partners (see, Greenwald v. H & P 29th St. Assocs., 241 A.D.2d 307, 659 N.Y.S.2d 473 [construing the spousal privilege in CPLR 4502(b) and distinguishing Braschi v. Stahl Assocs. Co. (74 N.Y.2d 201, 544 ......
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Privileges
...legally married. The privilege is not applicable to same-sex couples in a “spousal relationship.” Greenwald v. H & P 29th St. Assocs. , 241 A.D.2d 307, 659 N.Y.S.2d 473 (1st Dept. 1997). Whether or not a certain communication is confidential and therefore protected is a preliminary matter f......
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Privileges
...legally married. he privilege is not applicable to a homosexual couple in a “spousal relationship.” Greenwald v. H & P 29th St. Assocs. , 241 A.D.2d 307, 659 N.Y.S.2d 473 (1st Dept. 1997). Whether or not a certain communication is conidential and therefore protected is a preliminary matter ......
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Table of cases
...§ 7:60 Green v. Passenger Bus Corp., 61 A.D.3d 1377, 877 N.Y.S.2d 577 (4th Dept. 2009), § 15:20 Greenwald v. H & P 29th St. Assocs., 241 A.D.2d 307, 659 N.Y.S.2d 473 (1st Dept. 1997), § 7:100 Gribbon v.Missionary Sisters of the Sacred Heart, 244 A.D.2d 185, 644 N.Y.S.2d 8 (1st Dept. 1997), ......
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Privileges
...legally married. he privilege is not applicable to same-sex couples in a “spousal relationship.” Greenwald v. H & P 29th St. Assocs. , 241 A.D.2d 307, 659 N.Y.S.2d 473 (1st Dept. 1997). Whether or not a certain communication is conidential and therefore protected is a preliminary matter for......