Legal Opinion
Princeton Insurance v. Jenny Exhaust Systems, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 4, 2008PublishedCited by 3 opinions
1Opinion of the Court
*519This subrogation action arises out of a fire that occurred on March 4, 2001, at a restaurant in Staten Island. The plaintiff insurer claims, inter alia, that exhaust maintenance work performed by the defendant Jenny Exhaust Systems, Inc. (hereinafter Jenny), caused or contributed to the fire.
Prior to the completion of disclosure, Jenny moved pursuant to CPLR 3126 to strike the complaint insofar as asserted against it on the ground of spoliation of evidence. By order entered August 9, 2005, the Supreme Court denied the motion “without prejudice to defendants, if they be so advised, seeking…
2Cases cited4 opinions
- Bray v. CoxNew York Court of Appeals · 1976
- Rubeo v. National Grange Mutual InsuranceNew York Court of Appeals · 1999
- Madison v. TahirAppellate Division of the Supreme Court of the State of New York · 2007
- Reshevsky v. United Water New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by3 opinions
- Cardo v. Board of ManagersAppellate Division of the Supreme Court of the State of New York · 2009
- Spiritis v. Village of Hempstead Community Development AgencyAppellate Division of the Supreme Court of the State of New York · 2009
- Town of Eastchester v. Shawn's Lawns, Inc.Appellate Division of the Supreme Court of the State of New York · 2008