Deveau v. CF Galleria at White Plains
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Colabella, J.), entered April 1, 2004, which granted the defendants’ motion for summary judgment dismissing the complaint and denied her cross motion for summary judgment due to spoliation of evidence.
Ordered that the order is affirmed, with costs.
The Supreme Court properly granted the defendants’ motion for summary judgment. The defendants sustained their burden of demonstrating, prima facie, that they neither created nor had notice of the alleged dangerous…
2Cases cited14 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
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- Kirkland v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
- Squitieri v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
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