Legal Opinion
Palakawong v. Lalli
Appellate Division of the Supreme Court of the State of New York
Decided October 18, 2011PublishedCited by 4 opinions
1Opinion of the Court
*542The Lallis may rely on evidence other than Perez’s motorcycle to prove that they did not cause the motor vehicle accident, including the police accident report and their insurer’s inspections of other vehicles involved in the accident. Thus, Supreme Court providently exercised its discretion in denying that part of the Lallis’ motion seeking to dismiss Perez’s action (see Tommy Hilfiger, USA v Commonwealth Trucking, 300 AD2d 58, 60 [2002]). However, a lesser sanction is warranted given Perez’s intentional alteration of his motorcycle (see Kugel v City of New York, 60 AD3d 403 [2009];…
2Cases cited3 opinions
- Tommy Hilfiger, USA, Inc. v. Commonwealth Trucking, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Rodriguez v. 551 Realty LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Kugel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2009
3Cited by4 opinions
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- Harry Winston, Inc. v. Eclipse Jewelry, Corp.Appellate Division of the Supreme Court of the State of New York · 2023
- New York City Housing Authority v. Pro Quest Security, Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- New York City Housing Authority v. Pro Quest Security, Inc.Appellate Division of the Supreme Court of the State of New York · 2013