BAGLIO v. ST. JOHN'S QUEENS HOSPITAL


303 A.D.2d 341 (2003)

755 N.Y.S.2d 427

CARMELINA BAGLIO et al., Appellants, v. ST. JOHN'S QUEENS HOSPITAL, Respondent, et al., Defendants.

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

Decided March 3, 2003.


Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, and that branch of the motion which was to strike the answer of the defendant St. John's Queens Hospital based on spoliation of evidence is granted.

The infant plaintiff's mother commenced the instant medical malpractice action against, inter alia, St. John's Queens Hospital (hereinafter the Hospital), alleging, among other things, that the infant plaintiff suffered...

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