Jenkins v. Proto Property Services, LLC
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Silverman, J.), dated July 10, 2007, as denied .those branches of her motion which were pursuant to CPLR 3126 to strike the defendants’ answer or to impose sanctions for the defendants’ spoliation of evidence.
Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying that branch of the plaintiffs motion which was pursuant to CPLR 3126 to strike the…
2Cases cited9 opinions
- DiDomenico v. C & S Aeromatik Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Denoyelles v. GallagherAppellate Division of the Supreme Court of the State of New York · 2007
- New York Central Mutual Fire Insurance v. Turnerson's Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
- Pascarelli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by17 opinions
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- Weber v. Harley-Davidson Motor Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Aponte v. Clove Lakes Health Care & Rehabilitation Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
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