Legal Opinion

Kleinberg v. 516 West 19th LLC

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

Decided April 19, 2016No. 857 109371/09 591008/09 590362/10 590873/12PublishedCited by 2 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about January 29, 2015, which, insofar as appealed from as limited by the briefs, denied second third-party defendant’s (KNS) motion to dismiss second third-party plaintiff the J Construction Company, LLC’s (J Con) remaining claims and all cross claims against it on the ground of spoliation of evidence, unanimously affirmed, with costs.

J Con, the general contractor, discharged any duty it had to advise KNS, the roof installation subcontractor, that litigation over the integrity of the allegedly leaky roof had been…

2Cases cited5 opinions

  1. Kirkland v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  2. Popfinger v. Terminix International Co.Appellate Division of the Supreme Court of the State of New York · 1998
  3. Russo v. BMW of North America, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  4. Romano v. Scalia & DeLucia PlumbingAppellate Division of the Supreme Court of the State of New York · 2001
  5. Myers v. SadlorAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by2 opinions

  1. Blinbaum v. ChanAppellate Division of the Supreme Court of the State of New York · 2025
  2. Dickinson Frozen Foods, Inc. v. FPS Food Process Solutions CorporationDistrict Court, D. Idaho · 2019

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