Kim v. New York State Health Department

Full title: YOON KIM, Appellant, v. NEW YORK STATE HEALTH DEPARTMENT et al.…

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

Date published: Jun 15, 1999

262 A.D.2d 156 (N.Y. App. Div. 1999)

691 N.Y.S.2d 499

Opinion

June 15, 1999.

Appeal from the Supreme Court, New York County (Barbara Kapnick, J.).

A default judgment was properly denied as against the individual defendants because, among other reasons, they were never personally served with process in accordance with CPLR 307 ( see, Matter of Spodek v. New York State Commr. of Taxation Fin., 85 N.Y.2d 760, 766; Dreger v. New York State Thruway Auth., 81 N.Y.2d 721, 724), and the materials plaintiff seeks may be confidential under Public Health Law § 230 (9), (10) and (11) and § 2805-m ( see, Atkins v. Guest, 201 A.D.2d 411). We would also note that the individual defendants do not personally possess the agency defendant's records in issue, and that plaintiff's dispute appears to be with the agency, which answered in timely fashion,

Concur — Sullivan, J. P., Rosenberger, Tom, Saxe and Buckley, JJ.