Niles v. Patel

Appellate Division of the Supreme Court of New York

Niles v. Patel

235 A.D.2d 275, 652 N.Y.S.2d 41, 1997 N.Y. App. Div. LEXIS 283

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

DecidedJanuary 16, 1997

StatusPublished

Cited by2 cases

This text of 235 A.D.2d 275 (Niles v. Patel) 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

Niles v. Patel, 235 A.D.2d 275, 652 N.Y.S.2d 41, 1997 N.Y. App. Div. LEXIS 283 (N.Y. Ct. App. 1997).

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Opinion

Judgment, Supreme Court, Bronx County (Stanley Green, J., and a jury), entered April 12, 1996, in favor of defendants dismissing the complaint, unanimously affirmed, without costs.

Plaintiff’s request that the hospital records she was offering into evidence be redacted, so as to excise therefrom information indicating that the conditions for which she was treated at those hospitals did not manifest themselves until after her discharge from defendant hospital, was properly denied on the ground that such information was germane to her diagnosis and treatment (see, Tirado v 2188 Realty, 216 AD2d 14). Plaintiff’s objection that the records contain no indication of the source of such information goes to the weight, not the admissibility, of the information (CPLR 4518 [a]; Santucci v Govel Welding, 168 AD2d 845, 846). In any event, there was substantial additional evidence that plaintiff suffered no observable symptoms at defendant hospital indicative of the syndrome she claims was the result of the malpractice committed there, and there is no evidence that the symptoms she did complain about were indicative of that syndrome. It therefore appears that the objected to portions of the hospital records did not substantially contradict plaintiff’s testimony, and that their admission could not have prejudiced her. Concur—Ellerin, J. P., Wallach, Nardelli, Tom and Mazzarelli, JJ.

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Judgment, Supreme Court, Bronx County (Stanley Green, J., and a jury), entered April 12, 1996, in favor of defendants dismissing the complaint, unanimously affirmed, without costs.

Plaintiff’s request that the hospital records she was offering into evidence be redacted, so as to excise therefrom information indicating that the conditions for which she was treated at those hospitals did not manifest themselves until after her discharge from defendant hospital, was properly denied on the ground that such information was germane to her diagnosis and treatment (see, Tirado v 2188 Realty, 216 AD2d 14). Plaintiff’s objection that the records contain no indication of the source of such information goes to the weight, not the admissibility, of the information (CPLR 4518 [a]; Santucci v Govel Welding, 168 AD2d 845, 846). In any event, there was substantial additional evidence that plaintiff suffered no observable symptoms at defendant hospital indicative of the syndrome she claims was the result of the malpractice committed there, and there is no evidence that the symptoms she did complain about were indicative of that syndrome. It therefore appears that the objected to portions of the hospital records did not substantially contradict plaintiff’s testimony, and that their admission could not have prejudiced her. Concur—Ellerin, J. P., Wallach, Nardelli, Tom and Mazzarelli, JJ.

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Bluebook (online)

235 A.D.2d 275, 652 N.Y.S.2d 41, 1997 N.Y. App. Div. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/niles-v-patel-nyappdiv-1997.

Opinion

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