Legal Opinion

Montagnino v. Inamed Corp.

Appellate Division of the Supreme Court of the State of New York

Decided September 17, 2014No. 2012-07181PublishedCited by 4 opinions

1Opinion of the Court

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Farga, J.), entered May 11, 2012, which granted the motion of the defendant Alan R. Shons for summary judgment dismissing the complaint insofar as asserted against him, denied their cross motion to strike that defendant’s answer or to preclude him from offering any expert evidence on the ground of spoliation of evidence, and declined to search the record and award them summary judgment on their causes of action alleging negligence, medical malpractice, and…

2Cases cited18 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
  3. Ortega v. City of New YorkNew York Court of Appeals · 2007
  4. Roca v. PerelAppellate Division of the Supreme Court of the State of New York · 2008
  5. Faicco v. GolubAppellate Division of the Supreme Court of the State of New York · 2012

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3Cited by4 opinions

  1. Whitnum v. Plastic & Reconstructive Surgery, P.C.Appellate Division of the Supreme Court of the State of New York · 2016
  2. Abrams v. ButeAppellate Division of the Supreme Court of the State of New York · 2016
  3. Wieder v. Home Depot U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  4. Daniels v. JeromeAppellate Division of the Supreme Court of the State of New York · 2026

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