Legal Opinion
Ortega v. City of New York
New York Court of Appeals
Decided October 16, 2007PublishedCited by 85 opinions
1Opinion of the Court
OPINION OF THE COURT
Graffeo, J.
In this case we address an issue left open in MetLife Auto & Home v Joe Basil Chevrolet (1 NY3d 478 [2004]): whether New York recognizes the tort of third-party negligent spoliation of evidence. We conclude that the tort is not cognizable in this state.
In October 2003, plaintiff Castalia Ortega purchased a 1987 Ford minivan from a private owner. She then brought the vehicle to a licensed service station for an inspection and tune-up. The day after the vehicle was serviced, while Ortega and plaintiff Manuel Peralta were traveling on Ocean Parkway in Brooklyn,…
2Cases cited22 opinions
- Becker v. SchwartzNew York Court of Appeals · 1978
- Tobin v. GrossmanNew York Court of Appeals · 1969
- Boyd v. Travelers InsuranceIllinois Supreme Court · 1995
- Oliver v. Stimson Lumber Co.Montana Supreme Court · 1999
- State of NY v. Unique IdeasNew York Court of Appeals · 1978
17 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Newton v. City of New YorkDistrict Court, S.D. New York · 2008
- Pyeritz v. CommonwealthSupreme Court of Pennsylvania · 2011
- Pegasus Aviation I, Inc. v. Varig Logistica S.A.New York Court of Appeals · 2015
- Samaroo v. Bogopa Service Corp.Appellate Division of the Supreme Court of the State of New York · 2013
- Caronia v. Philip Morris USA, Inc.New York Court of Appeals · 2013
80 more not listed; retrieve them via the Exa API.