Legal Opinion
Pourquoi M.P.S., Inc. v. Worldstar International, Ltd.
Appellate Division of the Supreme Court of the State of New York
Decided January 24, 2012PublishedCited by 1 opinion
1Opinion of the Court
Contrary to the plaintiff’s contention, the Supreme Court properly denied that branch of its motion which was to strike the answer based on spoliation of evidence (see e.g. Lamb v Maloney, 46 AD3d 857, 858 [2007]; Bjorke v Rubenstein, 38 AD3d 580, 581 [2007]).
“In reviewing a determination made after a nonjury trial, the power of this Court is as broad as that of the trial court, and the Appellate Division may render the judgment it finds warranted by the facts, bearing in mind that in a close case, the trial judge had the advantage of seeing the witnesses” (Bubba Gump Fish & Chips Corp. v…
2Cases cited13 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
- Walkovszky v. CarltonNew York Court of Appeals · 1966
- TNS Holdings, Inc. v. MKI Securities Corp.New York Court of Appeals · 1998
- Hyland Meat Co. v. TsagarakisAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by1 opinion
- STL Restaurant Corp. v. Microcosmic, Inc.Appellate Division of the Supreme Court of the State of New York · 2017