Legal Opinion
Schantz v. Fish
Appellate Division of the Supreme Court of the State of New York
Decided December 7, 2010PublishedCited by 7 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Joan B. Carey, J.), entered December 23, 2009, which granted plaintiffs motion to sanction defendant for the spoliation of evidence to the extent of ruling that a negative inference charge would be given to the jury, and denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The motion court properly imposed a lesser sanction than striking defendant’s answer, based on its finding that the spoliation of plaintiffs medical records does not completely deprive plaintiff of the means of establishing a…
2Cases cited2 opinions
- Gray v. JaegerAppellate Division of the Supreme Court of the State of New York · 2005
- Herrera v. MatlinAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by7 opinions
- Zacharius v. Kensington Publishing Corp.Appellate Division of the Supreme Court of the State of New York · 2017
- Alleva v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Alleva v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Alleva v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Alleva v. United Parcel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
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