Pennachio v. Costco Wholesale Corp.
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 plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Bunyan, J.), dated December 5, 2012, as granted his motion to strike the defendant’s answer on the ground of spoliation of evidence only to the extent of, in effect, directing that an adverse inference charge be given against the defendant at trial, and the defendant cross-appeals, as limited by its notice of appeal and brief, from so much of the same order as granted the plaintiff’s motion to strike its answer on the ground of…
2Cases cited21 opinions
- Gordon v. American Museum of Natural HistoryNew York Court of Appeals · 1986
- Iannucci v. RoseAppellate Division of the Supreme Court of the State of New York · 2004
- Denoyelles v. GallagherAppellate Division of the Supreme Court of the State of New York · 2007
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- Samaroo v. Bogopa Service Corp.Appellate Division of the Supreme Court of the State of New York · 2013
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- Lilavois v. JP Morgan Chase & Co.Appellate Division of the Supreme Court of the State of New York · 2017
- Wells Fargo Bank, N.A. v. MurrayAppellate Division of the Supreme Court of the State of New York · 2022
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