Legal Opinion
Scaglione v. Victory Memorial Hospital
Appellate Division of the Supreme Court of the State of New York
Decided June 6, 1994PublishedCited by 11 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Dowd, J.), entered October 7, 1992, which, upon a jury verdict, is in favor of the defendant and against them.
Ordered that the judgment is affirmed, with costs.
A party who seeks an adverse inference charge against an opponent who fails to produce a document must make a prima facie showing that the document in question actually exists and that it is under the opposing party’s control (see, Fares v Fox, 198 AD2d 396; Eagle Pet Serv. Co. v Pacific Empl. Ins. *521Co.,…
2Cases cited4 opinions
- Halloran v. Virginia Chemicals Inc.New York Court of Appeals · 1977
- Fares v. FoxAppellate Division of the Supreme Court of the State of New York · 1993
- Eagle Pet Service Co. v. Pacific Employers InsuranceAppellate Division of the Supreme Court of the State of New York · 1991
- Pipitone v. ZweigAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by11 opinions
- Jean-Pierre v. Touro CollegeAppellate Division of the Supreme Court of the State of New York · 2007
- Cidieufort v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Wilkie v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Love v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
- Crespo v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
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