Legal Opinion
Cohen v. Jordan Services, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 18, 2008PublishedCited by 4 opinions
1Opinion of the Court
*681The plaintiff failed to conclusively establish that the evidence was willfully destroyed or discarded in order to frustrate her interests. Accordingly, the extreme sanction of preclusion is not warranted (see Vaughn v City of New York, 201 AD2d 556, 558 [1994]).
In view of our determination, we do not reach the parties’ remaining contentions. Skelos, J.P., Fisher, Covello and Eng, JJ., concur.
2Cases cited1 opinion
- Vaughn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by4 opinions
- Utica Mutual Insurance v. Berkoski Oil Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Lipco Electrical Corp. v. ASG Consulting Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Lipco Electrical Corp. v. ASG Consulting Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Scarano v. BribitzerAppellate Division of the Supreme Court of the State of New York · 2008