Hawksby v. New York Hospital

On a prior appeal to this court (162 AD2d 179), we directed defendants to supply plaintiff with typewritten exemplars of the text of the disputed operative report reproduced on Dr. *546Antonacci’s office typewriters. A prior direction by the IAS court to defendants had resulted in production of more limited typewritten exemplars from non-party Dr. Antonacci. This time, however, in April 1991, defendants’ attorney advised plaintiff’s attorney that Dr. Antonacci, in the course of moving his offices, had discarded typewriters. The IAS court denied plaintiff’s preclusion motion,, finding the parties’…