Gibbons v. Samuels

Appellate Division of the Supreme Court of New York

Gibbons v. Samuels

284 A.D. 988, 136 N.Y.S.2d 379, 1954 N.Y. App. Div. LEXIS 4320

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

DecidedNovember 29, 1954

StatusPublished

This text of 284 A.D. 988 (Gibbons v. Samuels) 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

Gibbons v. Samuels, 284 A.D. 988, 136 N.Y.S.2d 379, 1954 N.Y. App. Div. LEXIS 4320 (N.Y. Ct. App. 1954).

Pincite

Opinion

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.

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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.

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Bluebook (online)

284 A.D. 988, 136 N.Y.S.2d 379, 1954 N.Y. App. Div. LEXIS 4320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibbons-v-samuels-nyappdiv-1954.