Legal Opinion
Tawedros v. St. Vincent's Hospital
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 2001PublishedCited by 13 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Stanley Sklar, J.), entered on or about June 6, 2000, which, in a medical malpractice action, insofar as appealed from, denied plaintiff’s cross motion to strike defendant-respondent hospital’s answer, unanimously affirmed, without costs.
The motion to strike was properly denied since it was not established that defendant hospital’s failure to produce plaintiff’s complete original hospital record was willful and contumacious (see, Siegman v Rosen, 270 AD2d 14, 15). Defendant’s position is that the record was already lost before plaintiff had first…
2Cases cited4 opinions
- Kirkland v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Sage Realty Corp. v. Proskauer Rose L. L. P.Appellate Division of the Supreme Court of the State of New York · 2000
- Siegman v. RosenAppellate Division of the Supreme Court of the State of New York · 2000
- Nabozny v. CappellettiAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by13 opinions
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- Riley v. ISS International Service System, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Foncette v. LA ExpressAppellate Division of the Supreme Court of the State of New York · 2002
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