Legal Opinion
Mangione v. Jacobs
New York Supreme Court
Decided July 31, 2012PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Charles J. Markey, J.
Motion by defendants Ramabel Limo, Inc., and Glener V Simbana for summary judgment on the issue of liability and the motion by defendant Jules J. Jacobs, pursuant to CPLR 3126, to dismiss the complaint for plaintiffs failure to submit to independent medical examinations.
This decision raises an issue of first impression under New York law of whether a plaintiff, who has a pending personal injury action, has engaged in spoliation of evidence by undergoing surgery for her physical problems that she sustained allegedly as a result of the accident before…
2Cases cited30 opinions
- Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
- Rotella v. WoodSupreme Court of the United States · 2000
- Robert F. Byrnie v. Town of Cromwell, Board of Education, Body Corporate Cromwell Board of Education Body CorporateCourt of Appeals for the Second Circuit · 2001
- Chin v. Port Authority of New York & New JerseyCourt of Appeals for the Second Circuit · 2012
- Kronisch v. United StatesCourt of Appeals for the Second Circuit · 1998
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3Cited by4 opinions
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