Legal Opinion
Kugel v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided March 3, 2009PublishedCited by 4 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Karen S. Smith, J.), entered June 25, 2008, which, to the extent appealed from, granted plaintiff’s cross motion to strike defendant’s answer for spoliation of evidence and award judgment on liability, unanimously reversed, on the law, without costs, the cross motion denied and the answer reinstated.
While a party’s pleading may be struck as a sanction for the intentional destruction of key evidence (see Amaris v Sharp Elecs. Corp., 304 AD2d 457 [2003], lv denied 1 NY3d 507 [2004]), the documents destroyed by defendant, allegedly because its president…
2Cases cited4 opinions
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- Metropolitan New York Coordinating Council on Jewish Poverty v. FGP Bush Terminal, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Quinn v. City University of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Mangual v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
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