Legal Opinion
Hall v. Elrac, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 2, 2010PublishedCited by 5 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered on or about October 9, 2009, which denied plaintiff’s motion to strike defendant Elrac’s answer, or alternatively, to order that a “spoliation inference charge” be given or to preclude defendant Elrac from defending against the allegation of negligence, unanimously affirmed, without costs.
We find that the IAS court properly considered the affidavit of defendant Elrac’s senior account manager in the damage unit in concluding that defendant’s disposal of the vehicle in question was not done in bad faith. Initially, plaintiffs…
2Cases cited4 opinions
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