Rodriguez v. 551 Realty LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Shirley Werner Kornreich, J), entered March 9, 2006, which denied plaintiffs motion to strike defendants’ answer and for summary judgment as to liability as a sanction for defendants’ spoliation of evidence, and directed that a spoliation charge be given to the jury at trial, unanimously modified, on the law, the facts and in the exercise of discretion, to the extent of striking the sanction, without prejudice to an application by plaintiff at trial for an adverse inference charge, and otherwise affirmed, without costs.
The complaint alleges that a stove…
2Cases cited5 opinions
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- Tommy Hilfiger, USA, Inc. v. Commonwealth Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Balaskonis v. HRH Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2003
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