Melanie Marchese, Respondent-Appellant,
v.
Sherrell J. Aston, M.D., et al., Respondents, and
Lenox Hill Hospital et al., Appellants-Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 14, 2021.
Decided December 14, 2021.
Attorney(s) appearing for the Case
Shaub, Ahmuty, Citrin & Spratt, LLP, Lake Success ( Nicholas Tam of counsel), for appellants-respondents.
The law firm of Ravi Batra, P.C., New York ( Todd B. Sherman of counsel), for respondent-appellant.
Mauro Lilling Naparty, LLP, Woodbury ( Kathryn M. Beer of counsel), for Sherrell J. Aston, M.D., and Sherrell J. Aston, M.D., P.C., respondents.
Martin Clearwater & Bell, LLP, New York ( Gregory A. Cascino of counsel), for Michael Edward Zelman, M.D. and Lenox Hill Medical Anesthesiology, PLLC, respondents.
Appellate Division of the Supreme Court of New York, First Department.
In December 2014, plaintiff demanded that the Hospital defendants provide evidence regarding, among other things, the sterilization of surgical instruments used upon her on the day of her surgery. In January 2015, daily quality check logs for two of the machines used to sterilize the instruments were destroyed in a fire at the storage facility, a circumstance that the Hospital defendants...
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