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GOMEZ v. CABATIC

2014-05775. Index No. 12872/11.

159 A.D.3d 62 (2018)

70 N.Y.S.3d 19

2018 NY Slip Op 00278

NAPOLEON GOMEZ, as Administrator of the Estate of CLAUDIALEE GOMEZ NICANOR, Also Known as CLAUDIALEE GOMEZNICANOR, Deceased, Respondent-Appellant, v. THELMA O. CABATIC, M.D., et al., Defendants, and ARLENE B. MERCADO, Also Known as ARLENE BASA MERCADO, Appellant-Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided January 17, 2018.

Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, New York City (Barbara D. Goldberg and Sean F.X. Dugan of counsel), for appellant-respondent.

Paul A. Hayt, New York City (Brian Isaac of counsel), for respondent-appellant.

Kern Augustine Conroy & Schoppmann, P.C., Westbury (Michael A. Schoppmann and Donald R. May of counsel), for Medical Society of the State of New York, amicus curiae.

HALL, AUSTIN and SGROI, JJ., concur.

OPINION OF THE COURT

The main question before us is whether a plaintiff may recover punitive damages for a medical professional's act of altering or destroying medical records in an effort to evade potential medical malpractice liability. We answer this question in the affirmative.

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