Legal Opinion
Gilbert v. Albany Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2004PublishedCited by 3 opinions
1Opinion of the CourtLahtinen, J.
Cross appeals from an order of the Supreme Court (Keegan, J.), entered October 23, 2003 in Albany County, which, inter alia, denied third-party plaintiffs’ motion for summary judgment in the third-party action.
Prior to being sued in a third-party action, the employer of a worker injured in a fall from a ladder lost track of the ladder. Third-party plaintiffs moved in the ensuing third-party action against that employer for summary judgment on the basis of spoliation of evidence or, alternatively, leave to amend their third-party complaint to add a separate cause of action for spoliation of…
2Cases cited6 opinions
- MetLife Auto & Home v. Joe Basil Chevrolet, Inc.New York Court of Appeals · 2004
- Lane v. Fisher Park Lane Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Masciotta v. Morse Diesel International, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Jones v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- MetLife Auto & Home v. Joe Basil Chevrolet, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
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3Cited by3 opinions
- Merrill v. Elmira Heights Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
- Marotta v. HoyAppellate Division of the Supreme Court of the State of New York · 2008
- Allain v. Les Industries Portes Mackie, Inc.Appellate Division of the Supreme Court of the State of New York · 2005