Weiss v. Industrial Enterprises, Ltd.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover for property damage, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Hubsher, J.), dated October 9, 2003, as denied their motion to dismiss the complaint or, in the alternative, to preclude the plaintiffs, in effect, pursuant to CPLR 3126, from offering any evidence at trial relating to the collapse of the subject premises, based on the alleged spoliation of evidence, and to preclude the use of documentary evidence at trial of the plaintiffs’ deceased expert, Igor Vassliev.
Ordered that the appeal by the…
2Cases cited4 opinions
- Savarese v. City of New York Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
- Popfinger v. Terminix International Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Andretta v. LenahanAppellate Division of the Supreme Court of the State of New York · 2003
- Piazza v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 2002
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