Samet v. Binson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover on an alleged promissory note, the defendant appeals from so much of an order of the Supreme Court, Kings County (Bunyan, J.), dated June 25, 2013, as denied his motion for summary judgment dismissing the amended complaint, or alternatively, pursuant to CPLR 3126 to dismiss the amended complaint based on the plaintiffs spoliation of evidence.
Ordered that the order is modified, on the law, by deleting the provision thereof denying those branches of the defendant’s motion which were for summary judgment dismissing the second, third, fourth, and fifth causes…
2Cases cited9 opinions
- Umscheid v. SimnacherAppellate Division of the Supreme Court of the State of New York · 1984
- Beitner v. BeckerAppellate Division of the Supreme Court of the State of New York · 2006
- Mastro v. CarrollAppellate Division of the Supreme Court of the State of New York · 2002
- Manufacturers Hanover Trust Co. v. L.N. Properties Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Samet v. BinsonAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by8 opinions
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- Dhaliwal v. HYPR Corp.District Court, S.D. New York · 2020
- Durham Commercial Capital Corp. v. Wadsworth Golf Constr. Co. of the Midwest, Inc.Appellate Division of the Supreme Court of the State of New York · 2018
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