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CABALLERO v. MONTEFIORE MED. CTR.

167 A.D.2d 219 (1990)

Gustavo Caballero, Individually and as Administrator of The Estate of Emma Caballero, Deceased, Appellant, v. Montefiore Medical Center et al., Appellants

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

November 15, 1990

Plaintiff commenced this action and served the defendant hospital with a notice for discovery and inspection seeking medical records which the defendant hospital had previously advised plaintiff could not be located. Defense counsel responded that the complete set of records could still not be located but that continuing efforts were being made. Plaintiff then moved to preclude the defendant hospital from contesting the issues...

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