Cidieufort v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Kings County (Garry, J.), entered February 19, 1997, which, upon a jury verdict, is in favor of the defendant and against her, dismissing the complaint.
Ordered that the judgment is affirmed, with costs.
*721The plaintiff contends that she was entitled to a missing document charge as the defendant failed to produce a report of a neurology examination. A party seeking an adverse inference charge against an opponent who, as here, has failed to produce a document, must make a prima facie…
2Cases cited3 opinions
- Scaglione v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1994
- Kane v. LinskyAppellate Division of the Supreme Court of the State of New York · 1989
- Devaney v. Catholic Medical Center of Brooklyn & Queens, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by8 opinions
- Jean-Pierre v. Touro CollegeAppellate Division of the Supreme Court of the State of New York · 2007
- Wilkie v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Chary v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Osinski v. TaefiAppellate Division of the Supreme Court of the State of New York · 2004
- Pop Cowboy, Inc. v. 175 West 73rd Street Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2002
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