Van Caloen v. Poglinco

In Van Caloen v. Poglinco, 214 A.D.2d 555 (2nd Dept. 1995) the Second Department pronounced: Education Law 6527(3) exempts from disclosure only 'proceedings and records relating to [a hospital's] performance of a medical or a quality assurance review function.' As the defendant [doctor] has not alleged that the information sought by the plaintiffs was engendered and used in the course of formal proceedings by a hospital review committee, his applications for hospital privileges and his personnel file are not protected from disclosure .... In the absence of a properly asserted privilege, any 'knowledge the hospital may have had regarding [a staff physician's] alleged incompetence is relevant and subject to disclosure,' where, as here, the plaintiffs contend that the defendant hospital was negligent in granting privileges to the defendant [doctor]. (Id. at 556.)