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TROY-McKOY v. MOUNT SINAI BETH ISRAEL

100835/18.

182 A.D.3d 524 (2020)

123 N.Y.S.3d 111

2020 NY Slip Op 02552

Dervanna H.A. Troy-McKoy, Appellant, v. Mount Sinai Beth Israel, Respondent.

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

Decided April 30, 2020.

Plaintiff seeks to recover damages for the destruction of his medical records in a January 31, 2015 fire at a storage facility owned by a nonparty contractor. He alleges that defendant and the FBI conspired to destroy his records so that he could not sue the FBI for allegedly poisoning him at a Manhattan gym in 2011. Plaintiff allegedly became aware of the destruction on April 21, 2017, when defendant advised him that it was unable...

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