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Gibbons v. Samuels

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1954
284 App. Div. 988 (N.Y. App. Div. 1954)

Opinion

November 29, 1954.


In this action against a surgeon and a radiologist for damages as a consequence of fraud and against the surgeon for malpractice, plaintiff appeals from an order denying (1) his cross motion to disaffirm the Official Referee's report which determined that the failure of defendants to produce a certain X-ray plate upon their examination before trial was not willful and deliberate, and (2) his prior motion to strike out certain denials contained in defendants' answer because of their alleged willful failure to produce said X-ray plate and the radiologist's written report to the surgeon based thereon. Order affirmed, without costs. No opinion. Nolan, P.J., Wenzel, Schmidt, Beldock and Murphy, JJ., concur.


Summaries of

Gibbons v. Samuels

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1954
284 App. Div. 988 (N.Y. App. Div. 1954)
Case details for

Gibbons v. Samuels

Case Details

Full title:MICHAEL F. GIBBONS, Appellant, v. LESTER SAMUELS et al., Respondents

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 29, 1954

Citations

284 App. Div. 988 (N.Y. App. Div. 1954)