Shayovich v. 800 Ocean Parkway Apartment Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*815In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schack, J.), dated September 9, 2009, as granted that branch of their motion which was pursuant to CPLR 3126 to strike the defendants’ answers on the ground of spoliation of evidence only to the extent of directing the defendant Precision Elevator Corp. to provide them with records of the elevator modernization in 2008 by a specified date.
Ordered that the order is modified, on the facts and in the exercise of discretion, by…
2Cases cited6 opinions
- Utica Mutual Insurance v. Berkoski Oil Co.Appellate Division of the Supreme Court of the State of New York · 2009
- De Los Santos v. PolancoAppellate Division of the Supreme Court of the State of New York · 2005
- Gotto v. Eusebe-CarterAppellate Division of the Supreme Court of the State of New York · 2010
- Lichtenstein v. Fantastic Merchandise Corp.Appellate Division of the Supreme Court of the State of New York · 2007
- Fossing v. Townsend Manor Inn, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
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- Lentini v. WeschlerAppellate Division of the Supreme Court of the State of New York · 2014
- Madkins v. StateAppellate Division of the Supreme Court of the State of New York · 2011
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