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ABREW v. TRIPLE C PROPERTIES, LLC

10572. 21109/16E.

178 A.D.3d 526 (2019)

111 N.Y.S.3d 843

2019 NY Slip Op 08952

Jose R. Abrew, Jr., Respondent, v. Triple C Properties, LLC, et al., Appellants.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

Koster, Brady & Nagler LLP, New York ( Erica L. Mobley of counsel), for appellants.

Burns & Harris, New York ( Jason S. Steinberg of counsel), for respondent.

Concur—Richter, J.P., Manzanet-Daniels, Webber, Gesmer, JJ.

Plaintiff was injured when the ceiling in his apartment collapsed on him in August 2015. As a result of the accident, plaintiff underwent two back surgeries in October 2016. According to two hospital operative reports, plaintiff's back surgeries were complicated and protracted by a prior hernia surgery. Accordingly, the medical records from the 2012 hernia injury are material and necessary to his claim for pain and suffering relating to the back surgeries, and discovery of...

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