Legal Opinion
Marcano v. Calvary Hospital, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 9, 2004PublishedCited by 7 opinions
1Opinion of the Court
*110Order, Supreme Court, Bronx County (Sallie Manzanet, J.), entered March 13, 2003, which, upon plaintiffs motion pursuant to CPLR 3126 to sanction defendant for alleged spoliation of evidence, granted the motion to the extent of precluding defendant from offering evidence at trial regarding the manner in which plaintiffs accident occurred, and to the further extent of resolving the issue of liability in favor of plaintiff, unanimously reversed, on the law, the facts and in the exercise of discretion, without costs, and the motion denied.
Plaintiff, a deliveryman, fell from a lift at defendant’s…
2Cases cited2 opinions
- Binh v. Bagland USA, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Cillo v. Resjefal Corp.Appellate Division of the Supreme Court of the State of New York · 2002
3Cited by7 opinions
- Gogos v. Modell's Sporting Goods, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Pennachio v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Krin v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 2011
- Lilavois v. JP Morgan Chase & Co.Appellate Division of the Supreme Court of the State of New York · 2017
- Mojica v. Church of the Immaculate ConceptionAppellate Division of the Supreme Court of the State of New York · 2023
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