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DONOVAN v. NEW YORK CITY HOUSING AUTHORITY

27098/16E. 10674N.

178 A.D.3d 640 (2019)

112 N.Y.S.3d 501

2019 NY Slip Op 09394

Starr Donovan, Respondent, v. New York City Housing Authority, Appellant.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Kelly D. MacNeal, New York (Nabiha Rahman and Byron S. Menegakis of counsel), for appellant.

Schwartz Perry & Heller, LLP, New York (Daniel H. Kovel of counsel), for respondent.

Concur—Friedman, J.P., Webber, Kern, Moulton, JJ.

Plaintiff provided NYCHA with an authorization for medical records from her primary care provider from June 2016 to the present. Although plaintiff only seeks damages for emotional distress, she affirmatively put her physical condition at issue by alleging that, starting with an incident in September 2015 in which her supervisor allegedly groped her, NYCHA created a hostile work environment that caused her physical distress, and...

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