Barahona v. Trustees of Columbia University
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Ruditzky, J.), dated May 24, 2004, as denied that branch of its motion which was to dismiss the complaint pursuant to CELR 3126.
Ordered that the order is affirmed insofar as appealed from, with costs.
“[W]hen a party negligently loses or intentionally destroys key evidence, thereby depriving the non-responsible party from being able to prove its claim or defense, the responsible party may be sanctioned by the striking of its…
2Cases cited7 opinions
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3Cited by15 opinions
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- 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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