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CIDIEUFORT v. NEW YORK CITY HEALTH & HOSPS. CORP.

250 A.D.2d 720 (1998)

673 N.Y.S.2d 188

Marie A. Cidieufort, by Jean Raymond, as Guardian ad Litem, Appellant, v. New York City Health and Hospitals Corporation, Respondent

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

May 18, 1998

Ordered that the judgment is affirmed, with costs.

The plaintiff contends that she was entitled to a missing document charge as the defendant failed to produce a report of a neurology examination. A party seeking an adverse inference charge against an opponent who, as here, has failed to produce a document, must make a prima facie showing that the document in question actually exists, that it is under the opponent's control...

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