Legal Opinion

Cidieufort v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 18, 1998PublishedCited by 8 opinions

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

  1. Scaglione v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1994
  2. Kane v. LinskyAppellate Division of the Supreme Court of the State of New York · 1989
  3. 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

  1. Jean-Pierre v. Touro CollegeAppellate Division of the Supreme Court of the State of New York · 2007
  2. Wilkie v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2000
  3. Chary v. StateAppellate Division of the Supreme Court of the State of New York · 1999
  4. Osinski v. TaefiAppellate Division of the Supreme Court of the State of New York · 2004
  5. 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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