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PHARR v. CORTESE

147 Misc.2d 1078 (1990)

Doris Pharr, Plaintiff, v. Armand F. Cortese et al., Defendants.

Supreme Court, New York County.

June 27, 1990

Attorney(s) appearing for the Case

Richards & O'Neil (Thomas I. Sheridan, III, of counsel), for plaintiff. Belair Klein & Evans (Ingrid LaBarbiera of counsel), for Armand F. Cortese, defendant.

STANLEY L. SKLAR, J.

The issue presented is whether New York should recognize intentional spoliation of evidence as a tort when it is alleged that a physician falsified his records in order to avoid malpractice liability. The court declines to recognize spoliation of evidence as a tort under the facts of this case.

FACTS

The plaintiff, Doris Pharr, brought a malpractice action against Dr...

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