Legal Opinion
Amaris v. Sharp Electronics Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 22, 2003PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Barry Salman, J.), entered March 1, 2002, which, to the extent appealed from as limited by the briefs, granted defendant Sharp Electronics Corporation’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
In view of the loss of key evidence that defendant never had an opportunity to examine, the court properly granted summary judgment as a sanction for spoliation (see Mudge, Rose, Guthrie, Alexander & Ferdon v Penguin A.C. Corp., 221 AD2d 243 [1995]). Plaintiff made no showing that defendant was on notice that he…
2Cases cited4 opinions
- Squitieri v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
- Healey v. Firestone Tire & Rubber Co.New York Court of Appeals · 1996
- Mudge, Rose, Guthrie, Alexander & Ferdon v. Penguin Air Conditioning Corp.Appellate Division of the Supreme Court of the State of New York · 1995
- Maliszewska v. Potamkin New York LP Mitsubishi SterlingAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by6 opinions
- Ortega v. City of New YorkNew York Court of Appeals · 2007
- Standard Fire Insurance v. Federal Pacific Electric Co.Appellate Division of the Supreme Court of the State of New York · 2004
- Murillo v. PorteusAppellate Division of the Supreme Court of the State of New York · 2013
- S.B. v. U.B.New York Supreme Court · 2012
- Gentle v. StateNew York Court of Claims · 2004
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