Dana v. Von Pichl

Appellate Division of the Supreme Court of New York

Dana v. Von Pichl

39 A.D.2d 744, 332 N.Y.S.2d 368, 1972 N.Y. App. Div. LEXIS 4609

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1972

StatusPublished

Cited by2 cases

This text of 39 A.D.2d 744 (Dana v. Von Pichl) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dana v. Von Pichl, 39 A.D.2d 744, 332 N.Y.S.2d 368, 1972 N.Y. App. Div. LEXIS 4609 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a negligence action to recover damages for personal and property injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered August 26, 1971, in his favor upon a jury verdict of only $100. Judgment reversed, on the law, and new trial granted on all issues, with costs to abide the event. The questions of fact have not been considered. In our opinion, it was error for the trial court to exclude hospital records, including X rays, and limit the scope of plaintiff’s testimony because defendants lacked a comprehensive medical file. Defendants had not acquired a complete medical history of plaintiff because of their failure to follow the procedure for physical examinations and the exchange of medical information (22 NYCRR Part 672). The pertinent portions of the hospital records, moreover, were admissible without resort to independent testimony, as business records (CP'LR 4518). Hopkins, Acting P. J., Munder, Martuseello and Latham, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a negligence action to recover damages for personal and property injuries, plaintiff appeals from a judgment of the Supreme Court, Queens County, entered August 26, 1971, in his favor upon a jury verdict of only $100. Judgment reversed, on the law, and new trial granted on all issues, with costs to abide the event. The questions of fact have not been considered. In our opinion, it was error for the trial court to exclude hospital records, including X rays, and limit the scope of plaintiff’s testimony because defendants lacked a comprehensive medical file. Defendants had not acquired a complete medical history of plaintiff because of their failure to follow the procedure for physical examinations and the exchange of medical information (22 NYCRR Part 672). The pertinent portions of the hospital records, moreover, were admissible without resort to independent testimony, as business records (CP'LR 4518). Hopkins, Acting P. J., Munder, Martuseello and Latham, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

39 A.D.2d 744, 332 N.Y.S.2d 368, 1972 N.Y. App. Div. LEXIS 4609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dana-v-von-pichl-nyappdiv-1972.

Opinion

Related

Cite This Page — Counsel Stack