Legal Opinion
Lovell v. United Skates of America, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 25, 2006PublishedCited by 9 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Kings County (Ruditzky, J.), dated May 5, 2005, which granted the plaintiffs motion pursuant to CPLR 3126 (3) to the extent of precluding it from offering evidence with respect to the condition of the subject roller skates.
Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion is denied.
The Supreme Court improvidently exercised its discretion in imposing a sanction of preclusion based on the alleged spoliation of evidence…
2Cases cited2 opinions
- Goll v. American Broadcasting Companies, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Andretta v. LenahanAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by9 opinions
- Sloane v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Jenkins v. Proto Property Services, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Aponte v. Clove Lakes Health Care & Rehabilitation Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Marinaro v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 2017
- Kelley v. Empire Roller Skating Rink, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
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