Legal Opinion
Gray v. Jaeger
Appellate Division of the Supreme Court of the State of New York
Decided April 28, 2005PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Nelson Roman, J.), entered November 9, 2004, which, to the extent appealed from *287as limited by the briefs, granted plaintiffs motion to strike the answer only to the extent of allowing an adverse inference with respect to defendant’s failure to produce her medical records, unanimously modified, on the law and the facts, to the extent of striking the answer, and otherwise affirmed, with costs in favor of plaintiff, payable by defendant.
Although defendant’s conduct in failing to maintain plaintiffs medical records was not necessarily contumacious, it was…
2Cases cited2 opinions
- Cabasso v. GoldbergAppellate Division of the Supreme Court of the State of New York · 2001
- Herrera v. MatlinAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by7 opinions
- Schantz v. FishAppellate Division of the Supreme Court of the State of New York · 2010
- Bear, Stearns & Co. v. Enviropower, LLCAppellate Division of the Supreme Court of the State of New York · 2005
- Vincent L. v. AKS 183rd St. Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Hannah v. ChorneyAppellate Division of the Supreme Court of the State of New York · 2010
- Melcher v. Apollo Medical Fund Management L.L.C.Appellate Division of the Supreme Court of the State of New York · 2013
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