Legal Opinion
Wilkie v. New York City Health & Hospitals Corp.
Appellate Division of the Supreme Court of the State of New York
Decided July 17, 2000PublishedCited by 8 opinions
1Opinion of the Court
—In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Patterson, J.), dated June 1, 1999, which, upon a jury verdict, is in favor of the defendant and against them.
Ordered that the judgment is affirmed, with costs.
The plaintiffs contend that an adverse inference charge was warranted, as the defendant did not produce two CAT scans. A party seeking an adverse inference charge against an opponent which, as here, has failed to produce a document, must make a prima facie showing that the document in question…
2Cases cited4 opinions
- Scaglione v. Victory Memorial HospitalAppellate Division of the Supreme Court of the State of New York · 1994
- Kane v. LinskyAppellate Division of the Supreme Court of the State of New York · 1989
- Cidieufort v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1998
- Devaney v. Catholic Medical Center of Brooklyn & Queens, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
3Cited by8 opinions
- Jean-Pierre v. Touro CollegeAppellate Division of the Supreme Court of the State of New York · 2007
- Allain v. Les Industries Portes Mackie, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Osinski v. TaefiAppellate Division of the Supreme Court of the State of New York · 2004
- McGloin v. GolbiAppellate Division of the Supreme Court of the State of New York · 2008
- Eisenberg v. StrasserNew York Supreme Court · 2003
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