Legal Opinion

Passing v. Derosa

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

Decided December 29, 1993PublishedCited by 6 opinions

1Opinion of the Court

Judgment unanimously reversed on the law without costs and new trial granted. Memorandum: Prior to the trial of this personal injury action, plaintiffs Jane D. and Raymond A. Passino made a motion in limine seeking to exclude from evidence statements in the history portion of Jane’s medical records that were not necessary to diagnosis and treatment. Specifically, plaintiffs’ attorney, in his affidavit in support of the motion, sought exclusion of statements in Jane’s hospital records that Jane was injured when she fell on her icy driveway. Those statements contradicted her trial testimony…

2Cases cited5 opinions

  1. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1986
  2. Gunn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  3. People v. HarrisAppellate Division of the Supreme Court of the State of New York · 1987
  4. People v. GoodeAppellate Division of the Supreme Court of the State of New York · 1992
  5. Edelman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by6 opinions

  1. Musaid v. Mercy Hospital of BuffaloAppellate Division of the Supreme Court of the State of New York · 1998
  2. PCK Development Co. v. Assessor of Town of UlsterAppellate Division of the Supreme Court of the State of New York · 2007
  3. People v. PittiAppellate Division of the Supreme Court of the State of New York · 1999
  4. Christopher v. Bom DokkoAppellate Division of the Supreme Court of the State of New York · 2008
  5. People v. CantaveAppellate Division of the Supreme Court of the State of New York · 2012

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