Foncette v. LA Express
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 and wrongful death, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Jones, J.), dated October 12, 2001, as granted those branches of the plaintiffs’ motion which were to strike the defendants’ answer pursuant to CPLR 3126 and due to spoliation of evidence, and for a protective order as to the decedent’s tax and employment records.
Ordered that the order is modified, on the law, by deleting therefrom the provisions granting those branches of the motion which were to strike the…
2Cases cited14 opinions
- DiDomenico v. C & S Aeromatik Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Kirkland v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Chung v. Caravan Coach Co.Appellate Division of the Supreme Court of the State of New York · 2001
- New York Central Mutual Fire Insurance v. Turnerson's Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Patterson v. Greater New York Corp.Appellate Division of the Supreme Court of the State of New York · 2001
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3Cited by19 opinions
- Klein v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 2003
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- De Los Santos v. PolancoAppellate Division of the Supreme Court of the State of New York · 2005
- Ifraimov v. Phoenix Industrial GasAppellate Division of the Supreme Court of the State of New York · 2004
- Mylonas v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2003
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