Legal Opinion

Gaoming You v. Rahmouni

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

Decided February 1, 2017No. 2015-10536PublishedCited by 3 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Schneier, J.H.O.), dated September 21, 2015, which granted the defendant’s motion pursuant to CPLR 3126 to preclude the plaintiffs from introducing certain evidence at trial based on spoliation of evidence.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the defendant’s motion pursuant to CPLR 3126 to preclude the plaintiffs from introducing certain evidence at trial based on spoliation of evidence is denied.

In 2014,…

2Cases cited14 opinions

  1. Ortega v. City of New YorkNew York Court of Appeals · 2007
  2. Samaroo v. Bogopa Service Corp.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Doviak v. Finkelstein & Partners, LLPAppellate Division of the Supreme Court of the State of New York · 2016
  4. Cordero v. Mirecle Cab Corp.Appellate Division of the Supreme Court of the State of New York · 2008
  5. Cioffi v. S.M. Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2016

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3Cited by3 opinions

  1. Battle v. Fulton Park Site 4 Houses, Inc.Appellate Division of the Supreme Court of the State of New York · 2026
  2. Franco Belli Plumbing & Heating & Sons, Inc. v. DiminoAppellate Division of the Supreme Court of the State of New York · 2018
  3. Kalinowski v. United Chair Co., Inc.Appellate Division of the Supreme Court of the State of New York · 2019

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