Burbige v. Siben & Ferber
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Nassau County (Marber, J.), entered August 1, 2012, which granted the defendants’ motion to preclude his expert from testifying at a retrial and denied his cross motion pursuant to CPLR 3126 to impose a sanction upon the defendants for the spoliation of evidence.
Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting the defendants’ motion to preclude the plaintiffs expert from testifying at the retrial and…
2Cases cited11 opinions
- Lillis v. D'SouzaAppellate Division of the Supreme Court of the State of New York · 1991
- Aversa v. TaubesAppellate Division of the Supreme Court of the State of New York · 1993
- Gotto v. Eusebe-CarterAppellate Division of the Supreme Court of the State of New York · 2010
- Cutsogeorge v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Shopsin v. Siben & SibenAppellate Division of the Supreme Court of the State of New York · 2001
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