Legal Opinion
McMahon v. Ford Motor Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 2006PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marilyn Shafer, J.), entered April 26, 2005, which denied defendants’ motion to dismiss the complaint, unanimously affirmed, without costs.
*264Plaintiffs allege that Christopher McMahon was seriously injured in an accident on August 11, 1996 due to the failure of a seat belt in a vehicle manufactured by defendant Ford Motor Company and sold by defendant Metro Ford. In August 2004, defendants moved to dismiss the action based on spoliation and CPLR 3126.
Defendants’ claims of “constructive spoliation” with respect to the maintenance records for the vehicle and…
2Cases cited5 opinions
- Kirkland v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Thornhill v. A.B. VolvoAppellate Division of the Supreme Court of the State of New York · 2003
- Maliszewska v. Potamkin New York LP Mitsubishi SterlingAppellate Division of the Supreme Court of the State of New York · 2001
- Calbi v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Regalado v. Independent Welding Supply Corp.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by3 opinions
- Robertson v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 2009
- Engelke v. Brown Rudnick Berlack Israels LLPAppellate Division of the Supreme Court of the State of New York · 2013
- Engelke v. Brown Rudnick Berlack Israels LLPAppellate Division of the Supreme Court of the State of New York · 2013