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SCHANTZ v. FISH

3820, 104720/06

79 A.D.3d 481 (2010)

911 N.Y.S.2d 625

BRIAN SCHANTZ, Appellant-Respondent, v. IRVING FISH, M.D., Respondent-Appellant.

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

Decided December 7, 2010.

The motion court properly imposed a lesser sanction than striking defendant's answer, based on its finding that the spoliation of plaintiff's medical records does not completely deprive plaintiff of the means of establishing a prima facie case (compare Gray v Jaeger, 17 A.D.3d 286 [2005]; Herrera v Matlin, 303 A.D.2d 198 [2003]).

In opposition to defendant's motion for...

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