Gallo v. Bay Ridge Lincoln Mercury, Inc.
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 based, inter alia, on negligent repair of an automobile, the defendant appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated September 10, 1998, which denied its motion for summary judgment dismissing the complaint.
*451Ordered that the order is affirmed, with costs.
The testimony demonstrated that the plaintiffs failure to preserve the destroyed automobile at issue was not intentional, and that the plaintiff did not obtain any unfair advantage from the failure to preserve it as evidence. As a result, the Supreme Court…
2Cases cited6 opinions
- Popfinger v. Terminix International Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Prasad v. B.K. Chevrolet, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Rodolitz v. Boston-Old Colony InsuranceAppellate Division of the Supreme Court of the State of New York · 1980
- Mitchell v. Maguire Co.Appellate Division of the Supreme Court of the State of New York · 1989
- Retz v. Alco Equipment, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Chung v. Caravan Coach Co.Appellate Division of the Supreme Court of the State of New York · 2001
- O'Reilly v. YavorskiyAppellate Division of the Supreme Court of the State of New York · 2002
- Andretta v. LenahanAppellate Division of the Supreme Court of the State of New York · 2003
- Romano v. Scalia & DeLucia PlumbingAppellate Division of the Supreme Court of the State of New York · 2001
- Scordo v. Costco Wholesale Corp.Appellate Division of the Supreme Court of the State of New York · 2010
6 more not listed; retrieve them via the Exa API.