CLEMENT v. RESIDENCE


60 A.D.3d 527 (2009)

875 N.Y.S.2d 66

JANICE CLEMENT, Respondent, v. KATERI RESIDENCE, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 19, 2009.


Plaintiff's disclosure demand for negative outcome and incident reports involving conditions and occurrences like those alleged in the complaint are not protected by the quality assurance privilege, since such reports, although utilized by defendant's quality assurance committee, were not prepared by or at the behest of such committee, but rather were of the type routinely prepared and maintained pursuant to 10 NYCRR 415.15 (a) (3) (i) (see Matter of Subpoena Duces Tecum...

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