Hryniak v. Nathan Littauer Hospital Ass'n

Appeal from an order of the Supreme Court at Special Term (Walsh, Jr., J.), entered March 23,1981 in Fulton County, which granted defendant’s motion to dismiss the complaint. Plaintiff’s complaint alleges that due to the fact that the defendant hospital was unable to produce X rays of plaintiff taken on December 14, 1977, plaintiff will be unable to prove her cause of action against her surgeon for malpractice. On December 14, 1977, plaintiff was admitted to the defendant hospital for treatment of a fractured knee. X rays were taken on December 14,1977, prior to surgery, and again on December…