Legal Opinion
Baldwin v. Gerard Avenue, LLC
Appellate Division of the Supreme Court of the State of New York
Decided January 15, 2009PublishedCited by 15 opinions
1Opinion of the Court
Orders, Supreme Court, Bronx County (Sallie Manzanet-Daniels, J.), entered March 28, 2008, which precluded defendant Austin Brothers from contesting the existence of certain files considered material, directed a spoliation charge at trial with respect thereto, and precluded Austin from contesting the efficacy of repairs to stairs where the accident took place and from offering the testimony of its project manager at trial, unanimously affirmed, with costs.
Austin has offered no excuse for repeated noncompliance with the court’s disclosure orders, conduct that was dilatory and “ultimately…
2Cases cited5 opinions
- Kirkland v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Jackson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
- Kirschen v. MarinoAppellate Division of the Supreme Court of the State of New York · 2005
- Henry Rosenfeld, Inc. v. Bower & GardnerAppellate Division of the Supreme Court of the State of New York · 1990
- Balaskonis v. HRH Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2003
3Cited by15 opinions
- Strong v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Russo v. BMW of North America, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Harry Weiss, Inc. v. MoskowitzAppellate Division of the Supreme Court of the State of New York · 2013
- Gilchrist v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- Arias v. MSC Express Inc.Appellate Division of the Supreme Court of the State of New York · 2016
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