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Brenda Frank, As Parent and Natural Guardian of Alaina Frank, An Infant v. Rochester General Hospital

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


December 21, 2012

BRENDA FRANK, AS PARENT AND NATURAL GUARDIAN OF ALAINA FRANK, AN INFANT,
PLAINTIFF-APPELLANT-RESPONDENT, THE
v.
ROCHESTER GENERAL HOSPITAL, DOING BUSINESS AS ROCHESTER GENERAL HOSPITAL,
DEFENDANT-RESPONDENT-APPELLANT, ET AL., DEFENDANTS.

Appeal and cross appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered September 9, 2011.

Frank v Rochester Gen. Hosp.

2012 NY Slip Op 08944

Released on December 21, 2012

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PRESENT: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND WHALEN, JJ.

The order denied the motion of plaintiff to strike the answer of defendant The Rochester General Hospital, doing business as Rochester General Hospital, and ordered that an adverse inference charge shall be given at trial.

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs (see Coleman v Putnam Hosp. Ctr., 74 AD3d 1009, lv dismissed 15 NY3d 857, 16 NY3d 884). Entered: December 21, 2012 Frances E. Cafarell Clerk of the Court

20121221

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