Fourth Department – Disclosure: Kelly v. Snap-On Inc., et al.

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Disclosure — Pre-accident medical records — Medicaid billing

Kelly v. Snap-On Inc., et al.

CA 25-00993

Appealed from Supreme Court, Niagara County

Background: The plaintiffs commenced an action following a motor vehicle accident which allegedly caused one of the plaintiffs severe physical and cognitive deficits. At issue on appeal is the defendants’ motion seeking to compel the plaintiffs to produce Medicaid billing records following the court’s in camera inspection of the requested records.

Ruling: The Appellate Division affirmed. The court held there was no abuse of discretion in denying the motion to the extent that it sought an order compelling the plaintiffs to produce billing records. However, the court granted the defendant’s motion of most of the records identified such as pre-accident medical, mental health, and substance abuse treatment records.

Sarah E. Hansen, of Burden & Hansen, for the defendants-appellants; John A. Collins, of Lipstiz Green Scime Cambria, for the plaintiffs-respondents.

Oral argument video