In Budano v. Gurdon, 97 AD3d 497 [151 Dep't 2011] the First Department noted that even if the defendant therein established tha the plaintiff suffered from chemical dependency and had HIV, the medical records discovery at issue were not discoverable because the defendant, who submitted only an attorney affirmation in support of the motion, "failed to submit an expert affidavit or any other evidence that would establish a connection between . . . those conditions to plaintiff's ability to recover from his injuries or his prognosis for future enjoyment of life." Id. at 499. In Budano v. Gurdon (97 AD3d 497 [1st Dept 2012]), the Appellate Division held that the plaintiff's medical records pertaining to, inter alia, his HIV status were not discoverable. The court reasoned that even if the defendant building owner established that plaintiff, who was seeking to recover damages for injuries sustained when he slipped and fell on a staircase in owner's building, suffered from chemical dependency and mental illness and had HIV, discovery of plaintiff's medical records pertaining to alcohol and drug treatment, mental health information, and HIV-related information would not be warranted, where the owner failed to submit an expert affidavit or any other evidence that would establish a connection between those conditions and cause of the accident, nor did he make any effort to link those conditions to plaintiff's ability to recover from his injuries or his prognosis for future enjoyment of life.