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GRAY v. JAEGER, D.O.

49 A.D.3d 287 (2008)

851 N.Y.S.2d 872

MICHELE GRAY, Appellant, v. LAWRENCE JAEGER, D.O., et al., Respondents.

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

Decided March 6, 2008.

As a result of this Court's striking of defendants' answer on a prior appeal (17 A.D.3d 286 [2005]), defendants are deemed to have admitted all traversable allegations in the complaint, i.e., those relating to liability—causation as well as negligence (Rokina Opt. Co. v Camera King, 63 N.Y.2d 728 [1984]; see Koeppel v Park, 228 A.D.2d 288, 289 ...

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