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SIMONE v. McNAMARA

59 A.D.3d 349 (2009)

873 N.Y.S.2d 621

DENNIS SIMONE et al., Appellants, v. GERALD McNAMARA et al., Respondents.

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

Decided February 26, 2009.

We need not determine whether the trial court erred in refusing to redact that portion of the record from Sharon Hospital, in the "History of Present Illness" section, that states plaintiff Dennis Simone "jumped off his truck landing on hard turf/ice and rotated his ankle," before admitting the record in evidence. Nor need we determine whether plaintiff waived his contention that the trial court erred by belatedly seeking to strike the testimony concerning the record and...

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