Legal Opinion
Dennis v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided May 16, 2005PublishedCited by 15 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 (Hurkin-Torres, J.), dated April 15, 2004, which, inter *600alia, denied that branch of their motion which was to strike the defendant’s answer due to its alleged spoliation of evidence.
Ordered that the order is affirmed, with costs.
The determination of spoliation sanctions is within the broad discretion of the court (see Barahona v Trustees of Columbia Univ. in City of N.Y., 16 AD3d 445 [2005]). In this case, the Supreme Court providently exercised its discretion in…
2Cases cited3 opinions
- Ifraimov v. Phoenix Industrial GasAppellate Division of the Supreme Court of the State of New York · 2004
- Foncette v. LA ExpressAppellate Division of the Supreme Court of the State of New York · 2002
- Barahona v. Trustees of Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 2005
3Cited by15 opinions
- Denoyelles v. GallagherAppellate Division of the Supreme Court of the State of New York · 2007
- Utica Mutual Insurance v. Berkoski Oil Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Gotto v. Eusebe-CarterAppellate Division of the Supreme Court of the State of New York · 2010
- Cordero v. Mirecle Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Coleman v. Putnam Hospital CenterAppellate Division of the Supreme Court of the State of New York · 2010
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