Legal Opinion
Fada Industries, Inc. v. Falchi Building Co.
New York Supreme Court
Decided June 22, 2001PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Patricia P. Satterfield, J.
This Court holds that a cause of action based upon negligent spoliation of evidence may be asserted by an insured in a third-party action against its insurer based upon the insurer’s alleged loss or destruction of key evidence crucial to the insured’s defense in the underlying action.
This is an action to recover for damages to property caused by a water leak on March 15, 1998. In June 1999, Fada Industries, Inc., a tenant in a building located at 31-00 47th Avenue, Long Island City, New York, commenced this action against Falchi Building Co.,…
2Cases cited96 opinions
- Leon v. MartinezNew York Court of Appeals · 1994
- Guggenheimer v. GinzburgNew York Court of Appeals · 1977
- Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
- Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
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3Cited by3 opinions
- Command Cinema Corp. v. VCA Labs, Inc.District Court, S.D. New York · 2006
- Sterbenz v. AttinaDistrict Court, E.D. New York · 2002
- MetLife Auto & Home v. Joe Basil Chevrolet, Inc.Appellate Division of the Supreme Court of the State of New York · 2002