Fireman's Fund Insurance v. Sweeney & Harkin Carpentry & Dry Wall Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*651In a subrogation action to recover the proceeds of a home insurance policy, the defendant appeals from an order of the Supreme Court, Kings County (Schmidt, J.), dated April 28, 2009, which denied its motion for summary judgment dismissing the complaint on the ground of spoliation of evidence.
Ordered that the order is affirmed, with costs.
“[W]hen a party negligently loses or intentionally destroys key evidence,” the determination of sanctions for spoliation of evidence is within the sound discretion of the trial court (Barahona v Trustees of Columbia Univ. in City of N.Y., 16 AD3d 445, 446…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
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- Klein v. Ford Motor Co.Appellate Division of the Supreme Court of the State of New York · 2003
- Gotto v. Eusebe-CarterAppellate Division of the Supreme Court of the State of New York · 2010
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- Scivoli v. LevitAppellate Division of the Supreme Court of the State of New York · 2010
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