Legal Opinion
Holliday v. "John Jones"
Appellate Division of the Supreme Court of the State of New York
Decided September 5, 2002PublishedCited by 5 opinions
1Opinion of the Court
The motion court properly exercised its discretion in declining to impose the harsh sanctions reserved for spoliation of evidence (see, Smith v New York City Health & Hosps. Corp., 284 AD2d 121, Iv denied 97 NY2d 607), since the required element of an unfairly gained advantage (see, Tawedros v St. Vincent’s Hosp., 281 AD2d 184) was not sufficiently demonstrated. While the discovery noncompliance by defendant City cannot be found to have been of such nature that the City’s answer should be stricken or that a comparably harsh sanction pursuant to CPLR 3126 should be imposed at this time (see,…
2Cases cited3 opinions
- Catarine v. Beth Israel Medical CenterAppellate Division of the Supreme Court of the State of New York · 2002
- Tawedros v. St. Vincent's HospitalAppellate Division of the Supreme Court of the State of New York · 2001
- Smith v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2001
3Cited by5 opinions
- Melendez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
- Flomenbaum v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2009
- Thomas v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Harry Spring Consulting LLC v. EstersonAppellate Division of the Supreme Court of the State of New York · 2021
- Harry Spring Consulting LLC v. EstersonAppellate Division of the Supreme Court of the State of New York · 2021