Legal Opinion
Soto v. New York City Transit Authority
Appellate Division of the Supreme Court of the State of New York
Decided January 10, 2006PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Partnow, J.), dated December 10, 2004, which denied their motion to strike the defendant’s answer pursuant to CPLR 3126 and based on spoliation of evidence.
Ordered that the order is affirmed, without costs or disbursements.
The plaintiffs failed to demonstrate willful and contumacious conduct on the part of the defendant which would warrant striking the answer pursuant to CPLR 3126 (see CPLR 3126 [3]; Byrne v City of New York, 301 AD2d 489, 490 [2003]; Cianciolo *547v…
2Cases cited8 opinions
- DiDomenico v. C & S Aeromatik Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Baglio v. St. John's Queens HospitalAppellate Division of the Supreme Court of the State of New York · 2003
- Vancott v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Cianciolo v. Trism Specialized CarriersAppellate Division of the Supreme Court of the State of New York · 2000
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3Cited by2 opinions
- Siegel v. Monsey New Square Trails Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- W.O.R.C. Realty Corp. v. AssessorAppellate Division of the Supreme Court of the State of New York · 2006