TAWEDROS v. ST. VINCENT'S HOSPITAL OF NEW YORK


281 A.D.2d 184 (2001)

721 N.Y.S.2d 237

SAMIR TAWEDROS et al., Appellants, v. ST. VINCENT'S HOSPITAL OF NEW YORK, Respondent, et al., Defendants.

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

Decided March 6, 2001.


The motion to strike was properly denied since it was not established that defendant hospital's failure to produce plaintiff's complete original hospital record was willful and contumacious (see, Siegman v Rosen, 270 A.D.2d 14, 15). Defendant's position is that the record was already lost before plaintiff had first demanded it, surmising that it was inadvertently destroyed when microfiched. The careless loss of a record is not willful...

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