State Farm v. Bongiorno

In State Farm v. Bongiorno, 237 A.D.2d 31, the insurance company served the insured with a notice to admit pursuant to CPLR 3123. The notice sought admission that the insured had been charged with a crime, pleaded guilty to it and was sentenced as a youthful offender. The question before the court was whether, in the face of a statutory grant of confidentiality to the records related to the youthful offender adjudication, the youthful offender can be compelled to divulge the contents of the confidential records. The court held that, to require such disclosure, would undermine the statutory grant of confidentiality: The requested admissions would require the appellant to reveal the information contained in the confidential records and papers and only the physical records and papers on which the information is recorded would remain confidential. (237 A.D.2d at 35)