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Gray v. Jaeger
49 A.D.3d 287
| N.Y. App. Div. | 2008
|
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As a result of this Court’s striking of defendants’ answer on a prior appeal (17 AD3d 286 [2005]), defendants are deemed to have admitted all traversable allegations in the complaint, i.e., those relating to liability-causation as well as negligence (Rokina Opt. Co. v Camera King, 63 NY2d 728 [1984]; see Koeppel v Park, 228 AD2d 288, 289 [1996]). Accordingly, at the trial on damages, defendants may not introduce evidence tending to *288show that the injuries alleged in the complaint were not caused by defendant’s malpractice (id.). Concur—Lippman, P.J., Mazzarelli, Gonzalez, Sweeny and Acosta, JJ.

Case Details

Case Name: Gray v. Jaeger
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 6, 2008
Citation: 49 A.D.3d 287
Court Abbreviation: N.Y. App. Div.
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