Legal Opinion

34-35th Corp. v. 1-10 Industry Associates

Appellate Division of the Supreme Court of the State of New York

Decided December 22, 2003PublishedCited by 11 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for breach of a lease, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Barasch, J.), dated July 16, 2002, as granted that branch of the defendant’s motion which was to dismiss the third cause of action alleging fraud as a sanction for its spoliation of evidence.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs spoliation of the tape recordings of its meeting with the defendant’s representatives did not warrant dismissal of the plaintiffs third cause of…

2Cases cited13 opinions

  1. Weiner v. MKVII-Westchester, LLCAppellate Division of the Supreme Court of the State of New York · 2002
  2. Alamo Contract Builders, Inc. v. CTF Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Chung v. Caravan Coach Co.Appellate Division of the Supreme Court of the State of New York · 2001
  4. Schuler v. Kings Plaza Shopping Center & Marina, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  5. Foncette v. LA ExpressAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by11 opinions

  1. Ross v. DeLorenzoAppellate Division of the Supreme Court of the State of New York · 2006
  2. Michaels v. Sunrise Building & Remodeling, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  3. A. Montilli Plumbing & Heating Corp. v. ValentinoAppellate Division of the Supreme Court of the State of New York · 2011
  4. Teachers Insurance Annuity Ass'n of America v. Cohen's Fashion Optical of 485 Lexington Avenue, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Marlowe v. Ferrari of Long Island, Inc.Appellate Division of the Supreme Court of the State of New York · 2009

6 more not listed; retrieve them via the Exa API.

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