Legal Opinion
Cruz v. Foremost Machinery Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 12, 2004PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Baisley, J.), entered December 27, 2002, as, upon renewal, adhered to its prior determination in an order dated February 22, 2002, denying its motion, inter alia, to dismiss the complaint pursuant to CPLR 3126 based on spoliation of evidence.
Ordered that the order is affirmed insofar as appealed from, with one bill of costs.
The Supreme Court properly denied the motion to dismiss the complaint. Although the…
2Cases cited4 opinions
- Thornhill v. A.B. VolvoAppellate Division of the Supreme Court of the State of New York · 2003
- McLaughlin v. BrouilletAppellate Division of the Supreme Court of the State of New York · 2001
- McAllister v. Renu Industrial Tire Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Roman v. North Shore Orthopedic Ass'n, P. C.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by4 opinions
- Ashford v. TannenhauserAppellate Division of the Supreme Court of the State of New York · 2013
- Ashford v. TannenhauserAppellate Division of the Supreme Court of the State of New York · 2013
- New York City Housing Authority v. Pro Quest Security, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- New York City Housing Authority v. Pro Quest Security, Inc.Appellate Division of the Supreme Court of the State of New York · 2013