DANA v. VON PICHL


39 A.D.2d 744 (1972)

James F. Dana, Appellant, v. Frederick Von Pichl et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 15, 1972


Judgment reversed, on the law, and new trial granted on all issues, with costs to abide the event. The questions of fact have not been considered.

In our opinion, it was error for the trial court to exclude hospital records, including X rays, and limit the scope of plaintiff's testimony because defendants lacked a comprehensive medical file. Defendants had not acquired a complete medical history of plaintiff because of their failure to follow the procedure for physical...

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