Slip, Fall & Modify
Shadia Hamed allegedly slipped and fell in a building, sustained injuries, and later claimed that the accident was due to the owners' failure to properly maintain the premises.
In the context of discovery, the owners sought information about Hamed’s ankle. Apparently, they demanded the production of medical records related to any preexisting injuries to that part of her body, asserting that such information was “material and necessary” to the defense of the litigation.
But the Kings County Supreme Court didn’t agree and limited the production of those records. The judge indicated that the information only needed to be supplied if Hamed asserted that the incident had “any effects on her gait or mobility.”
On appeal, the Appellate Division, Second Department, “modified” that determination and found that, given the information's pertinence to the case, the owners were unconditionally entitled to production of those particular medical records.
Guess they’re ankling for a trial ….
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Shadia Hamed v. Alas Realty Corp., et al., (Decision and Order)