Legal Opinion
Koehler v. Club
Appellate Division of the Supreme Court of the State of New York
Decided October 10, 2008PublishedCited by 17 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Monroe County (William E Polito, J.), entered October 22, 2007 in a personal injury action. The order granted plaintiff’s motion to strike defendants’ answer and for partial summary judgment on liability in favor of plaintiff as sanctions for spoliation of evidence.
It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the sanctions imposed, reinstating the answer, and granting plaintiff an adverse inference charge and as modified the order is affirmed without costs.
*1445Memorandum: Plaintiff commenced this…
2Cases cited5 opinions
- Morgan v. StateNew York Court of Appeals · 1997
- Kirschen v. MarinoAppellate Division of the Supreme Court of the State of New York · 2005
- Enstrom v. Garden Place HotelAppellate Division of the Supreme Court of the State of New York · 2006
- Tomasello v. 64 Franklin, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Quinn v. City University of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by17 opinions
- Merrill v. Elmira Heights Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2010
- Mahiques v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2016
- Barnes v. StateAppellate Division of the Supreme Court of the State of New York · 2011
- BARNES, JESSIE J. v. STATE OF NEW YORKAppellate Division of the Supreme Court of the State of New York · 2011
- BILL'S FEED SERVICE, LLC v. ADAMS, WILLIAMAppellate Division of the Supreme Court of the State of New York · 2015
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