HERRERA v. MATLIN


303 A.D.2d 198 (2003)

758 N.Y.S.2d 7

LILLIAN HERRERA, Respondent, v. BEATRICE R. MATLIN, Appellant.

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

Decided March 11, 2003.


It appears that when defendant's decedent retired approximately a year after his last treatment of plaintiff, he simply left all of his patient records, including X rays of plaintiff's injured wrist and the records of his year-long treatment of her, in a filing cabinet in the medical office where he worked, without arranging for their transfer to another doctor or return to his patients. Attempts by plaintiff to procure these records from the medical office, a nonparty professional...

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