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COLEMAN v. PUTNAM HOSPITAL CENTER

2008-09019, 2008-11101.

74 A.D.3d 1009 (2010)

903 N.Y.S.2d 502

CHRISTOPHER COLEMAN, Respondent-Appellant, v. PUTNAM HOSPITAL CENTER et al., Appellants-Respondents, et al., Defendant.

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

Decided June 15, 2010.

Ordered that the first order dated September 8, 2008, is affirmed insofar as appealed and cross-appealed from; and it is further,

Ordered that the second order dated September 8, 2008, is modified, on the law, by deleting the provision thereof denying the plaintiff's cross motion to strike the answer of the defendant Putnam Hospital Center on the ground of spoliation of evidence and for an inquest on damages, and substituting therefor provisions (1) granting that...

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