Kelly v. Snap-on Inc.

Summary

The Appellate Division, Fourth Department, affirmed an order denying defendants' motion to compel disclosure of Medicaid billing records after an in camera review. The court held that the defendants' argument that the records were not privileged was unpreserved and that the trial court did not abuse its broad discretion in supervising disclosure.

Holdings

1. Defendants' contention that the Medicaid billing records were not privileged, having been raised for the first time on appeal, was not properly before the Appellate Division.
2. Supreme Court did not abuse its discretion in denying defendants' motion to compel disclosure of Moudy's Medicaid billing records after reviewing the records in camera.

Questions Presented

1. Whether defendants' contention that the Medicaid billing records were not privileged was preserved for appellate review.
2. Whether Supreme Court abused its discretion by denying defendants' motion to compel disclosure of Moudy's Medicaid billing records after conducting an in camera review.

Disposition

affirmed