Legal Opinion
Krin v. Lenox Hill Hospital
Appellate Division of the Supreme Court of the State of New York
Decided October 25, 2011PublishedCited by 6 opinions
1Opinion of the Court
The court properly exercised its discretion in directing that a missing document charge be given at the end of the trial in this case. While the record presents questions about whether the pertinent document, a cosmetic operative report which defendants failed to turn over to plaintiff, ever existed in their file, there exists sufficient evidence from which a reasonable person could conclude that defendant’s dictation of this report was transcribed and was, at one time, in his file. Defendant, Thomas Romo, admits that he dictated the document for transcription, and the functional operative…
2Cases cited2 opinions
- Balaskonis v. HRH Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2003
- Marcano v. Calvary Hospital, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
3Cited by6 opinions
- Pennachio v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Lilavois v. JP Morgan Chase & Co.Appellate Division of the Supreme Court of the State of New York · 2017
- Hernandez v. Ten Ten Co.Appellate Division of the Supreme Court of the State of New York · 2013
- Children's Magical Garden, Inc. v. MaromAppellate Division of the Supreme Court of the State of New York · 2023
- Hernandez v. Ten Ten Co.Appellate Division of the Supreme Court of the State of New York · 2013
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