The portion of plaintiff's total disability claim commencing on the date of defendant's demand for plaintiff's appointment books was properly dismissed in view of plaintiff's continued disposal of his appointment books after defendant had demanded them. Under the circumstances, questions as to the extent of the prejudice caused defendant by the disposal of the appointment records should be resolved in defendant's favor. As the motion court put it, once defendant specifically...
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.