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Schwahl v. Grant – Case Brief Summary (New York)

In Schwahl v. Grant, 47 AD3d 698, 850 N.Y.S.2d 159 [2d Dept 2008], the Second Department affirmed the order of the Supreme Court of Suffolk County providing for an in camera review of Family Court records in a proceeding for medical malpractice.

The Second Department found that the Supreme Court "properly exercised its discretion in concluding that the Family Court records sought to be discovered were material and relevant to the plaintiff's theory of causation of the infant's injuries, and even as to whether the infant plaintiff's injuries exist" (Schwahl v. Grant, 47 AD3d 698, 699, 850 N.Y.S.2d 159 [2d Dept 2008]).

The Second Department also pointed out that in "an effort to preserve confidentiality to an appropriate extent, the Supreme Court first conducted an in camera review of the Family Court records"