Legal Opinion
Smith v. Cunningham
Appellate Division of the Supreme Court of the State of New York
Decided October 4, 2017No. 2015-08671PublishedCited by 5 opinions
1Opinion of the Court
Appeal and cross appeal from an order of the Supreme Court, Dutchess County (Peter M. Forman, J.), dated July 7, 2015. The order, insofar as appealed from, granted, in part, the plaintiff’s motion to impose sanctions upon the defendant for the defendant’s spoliation of physical evidence, and, insofar as cross-appealed from, denied the plaintiff’s motion in part.
Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof precluding the defendant from calling any expert witness at trial to testify regarding alleged defects in the…
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- Biniachvili v. Yeshivat Shaare Torah, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
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