New York State Court of Claims

New York State Court of Claims

KASSIM v. THE STATE OF NEW YORK , #2000-016-100, Claim No. 99248, Motion No. M-59426


Following in camera review, Court ordered production of certain records of state psychiatric patient to claimant, who was allegedly assaulted by patient.

Case Information

MARGUERITA KASSIM, as Administratrix of the Estate of DONALD JOHNSON, Deceased, and MARGUERITA KASSIM, Individually
Claimant short name:
Footnote (claimant name) :

Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
Motion number(s):
Cross-motion number(s):

Alan C. Marin
Claimant's attorney:
Henry Ramirez, Esq.
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Nancy Hornstein, AAG
Third-party defendant's attorney:

Signature date:
November 29, 2000
New York

Official citation:

Appellate results:

See also (multicaptioned case)


In the underlying claim, it is alleged that because of defendant's negligence, Donald Johnson, a patient at Manhattan Psychiatric Center, died as a result of a November 12, 1996 assault by an individual described by claimants as a "detainee and patient" at the facility.

Motion no. M-59426 is defendant's motion for a protective order with respect to claimant's Notice for Discovery and Inspection and their Notice to Permit Photographs of Defendants' Premises.

In a previous order on this motion, it was ordered, inter alia, that defendant produce for in camera review the unredacted Manhattan Psychiatric Center records for Jermaine Clare for the one-year period preceding November 12, 1996. Defendant was also given the opportunity to propose redactions with regard to such records. Defendant subsequently produced such records (and proposed redactions), as to which an in camera review was performed. * * *

Claimants are entitled to nonmedical information as to Johnson's alleged assailant's prior violent acts. See, e.g., Moore v St. John's Episcopal Hospital, 89 AD2d 618, 452 NYS2d 669 (2d Dept 1982) (citations omitted) ("[P]laintiff is entitled to any nonmedical information in [the assailant's] hospital records, particularly such information as relates to any prior assaults or similar violent behavior, to aid plaintiff in establishing knowledge on the part of defendants . . .") Lee v New York City Transit Authority, 257 AD2d 611, 685 NYS2d 84 (2d Dept 1999) ("[P]laintiffs are entitled to any nonmedical information in [the assailant's] hospital records.") The documents submitted by defendant do contain such nonmedical information and claimants are thus entitled to its disclosure.

Defendant is being separately provided with copies of those documents that should be produced, upon which it has been indicated specifically which portions (i.e. those containing nonmedical information) should be disclosed and which should be redacted.

Accordingly, IT IS ORDERED that within sixty (60) days of the filing of this order, defendant shall produce to claimant the specified portions of the aforementioned documents.

November 29, 2000
New York, New York

Judge of the Court of Claims