Gray v Jaeger
2008 NY Slip Op 01989 [49 AD3d 287]
March 6, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Michele Gray, Appellant,
v
Lawrence Jaeger, D.O., et al., Respondents.

[*1] Reardon & Sclafani, P.C., Tarrytown (Michael V. Sclafani of counsel), for appellant.

Brown & Tarantino, LLC, Buffalo (Ann M. Campbell of counsel), for respondents.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered June 7, 2007, which, in an action for medical malpractice, denied plaintiff's motion in limine to preclude defendants from offering evidence of causation at the trial on damages previously directed by this Court, unanimously reversed, on the law, without costs, and the motion granted.

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 show 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.