KRIN v. LENOX HILL HOSPITAL

Nos. 5823, 112183/07.

88 A.D.3d 597 (2011)

931 N.Y.S.2d 65

2011 NY Slip Op 7498

KAREN KRIN, Respondent, v. LENOX HILL HOSPITAL, Defendant, and THOMAS ROMO, III, et al., Appellants.

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

Decided October 25, 2011.


The court properly exercised its discretion in directing that a missing document charge be given at the end of the trial in this case. While the record presents questions about whether the pertinent document, a cosmetic operative report which defendants failed to turn over to plaintiff, ever existed in their file, there exists sufficient evidence from which a reasonable person could conclude that defendant's dictation of this report was transcribed and was, at one time, in...

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