RODRIGUEZ v. PICCONE


5 A.D.3d 757 (2004)

774 N.Y.S.2d 185

JOSE RODRIGUEZ et al., Appellants, v. VINCENT PICCONE et al., Respondents.

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

March 29, 2004.


Ordered that the judgment is reversed, on the law, the motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Richmond County, for a new trial, with costs to abide the event.

At the commencement of the trial, the Supreme Court granted the defendants' motion to preclude the plaintiffs from introducing certain hospital records into evidence. Upon the plaintiffs' concession that they could not prove their prima facie case without...

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