Legal Opinion
Bjorke v. Rubenstein
Appellate Division of the Supreme Court of the State of New York
Decided March 13, 2007PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, etc., the defendants Joseph Yacovone, Julie L. Barudin, and Horton Medical Center appeal from an order of the Supreme Court, Westchester County (Jamieson, J.), entered March 3, 2006, which denied their separate motions to dismiss the complaint insofar as asserted against each of them pursuant to CPLR 3126 and due to spoliation of evidence.
Ordered that the order is affirmed, with costs.
*581The Supreme Court providently exercised its discretion in denying the appellants’ motions to dismiss the complaint insofar as asserted…
2Cases cited3 opinions
- Mylonas v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2003
- Marro v. St. Vincent's Hospital & Medical CenterAppellate Division of the Supreme Court of the State of New York · 2002
- Parratta v. McAllisterAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by3 opinions
- Parker v. OllivierreAppellate Division of the Supreme Court of the State of New York · 2009
- Schelchere v. HallsAppellate Division of the Supreme Court of the State of New York · 2014
- Pourquoi M.P.S., Inc. v. Worldstar International, Ltd.Appellate Division of the Supreme Court of the State of New York · 2012