Jones v. LeFrance Leasing Ltd. P'ship

• Decision Date: 08 April 2015
• Docket Number: 2013-06857, Index No. 17558/07.
• Citation: 7 N.Y.S.3d 352,127 A.D.3d 819,2015 N.Y. Slip Op. 02937
• Parties: Janice JONES, etc., et al., respondents, v. LeFRANCE LEASING LIMITED PARTNERSHIP, et al., appellants.
• Court: New York Supreme Court — Appellate Division

127 A.D.3d 819

7 N.Y.S.3d 352

2015 N.Y. Slip Op. 02937

Janice JONES, etc., et al., respondents

v.LeFRANCE LEASING LIMITED PARTNERSHIP, et al., appellants.

2013-06857, Index No. 17558/07.

Supreme Court, Appellate Division, Second Department, New York.

April 8, 2015.

Lewis Brisbois Bisgaard & Smith LLP, New York, N.Y. (Christopher H. Sommer and Ellen E. Mooney of counsel), for appellants LeFrance Leasing Limited Partnership and Mid State Management Corporation.

Geringer & Dolan LLP (Mauro Lilling Naparty, LLP, Woodbury, N.Y. [Caryn L. Lilling and Richard J. Montes ], of counsel), for appellant Alliance Elevator Company.

Gary B. Pillersdorf & Associates, P.C., New York, N.Y. (Andrew H. Pillersdorf of counsel), for respondents.

WILLIAM F. MASTRO, J.P., LEONARD B. AUSTIN, JEFFREY A. COHEN, and BETSY BARROS, JJ.

Opinion

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 U.S. Stat. 1936)-compliant authorizations for the release of medical records of the plaintiff Janice Jones and speaking authorizations pursuant to Arons v. Jutkowitz, 9 N.Y.3d 393, 850 N.Y.S.2d 345, 880 N.E.2d 831 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 N.Y.3d 393, 850 N.Y.S.2d 345, 880 N.E.2d 831 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 N.Y.3d 393, 850 N.Y.S.2d 345, 880 N.E.2d 831 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.

On February 3, 2007, Leslie Jones, Jr., and his half-brother, Julian Jones (hereinafter together the decedents), allegedly fought with each other in the 11th floor hallway of an apartment building located at 96–04 57th Avenue, Queens, in the LeFrak City apartment complex. During the fight, they slammed against an elevator door, dislodging the door and falling through the opening to their deaths. Although there were no witnesses to the accident, the New York City Department of Buildings generated an accident report based upon inspections, interviews, and review of recorded security camera video footage. The decedents' bodies were not discovered until approximately 37 hours after the accident. Forensic toxicology reports indicated that the decedents were both intoxicated at the time of the accident. Neither decedent resided in the building.

The plaintiffs, who are representatives of the decedents' respective estates, commenced this action against the owner of the building, LeFrance Leasing Limited Partnership, as well as the building manager, Mid State Management Corporation, and the elevator service company, Alliance Elevator Company (hereinafter Alliance). The plaintiffs sought to recover damages for personal injuries and wrongful death and for their derivative injuries. At her deposition, the plaintiff Janice Jones testified that she had suffered a stroke

on July 5, 2006, and that her late son, the decedent Leslie Jones, Jr., had done her shopping, cleaning, and writing for her, and had taken her to medical appointments.

Alliance moved, inter alia, to compel the plaintiffs to provide HIPAA (Health Insurance Portability and Accountability Act of 1996, Pub. L. 104–191, 110 U.S. Stat. 1936)-compliant authorizations for the release of medical records of the plaintiff ...