Legal Opinion
Fellin v. Sahgal
Appellate Division of the Supreme Court of the State of New York
Decided January 18, 2000PublishedCited by 8 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, the plaintiffs appeal from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated February 8, 1999, as denied their motion to strike the defendants’ answer based on the defendants’ alleged spoliation or destruction of evidence.
Ordered that the order is affirmed insofar as appealed from, with costs.
The nature and degree of the penalty to be imposed for failing to disclose is within the discretion of the court (see, Garnett v Hudson Rent A Car, 258 AD2d 559; Soto v City of Long Beach, 197 AD2d 615). The drastic remedy…
2Cases cited5 opinions
- DiDomenico v. C & S Aeromatik Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
- Soto v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1993
- Eighteen Associates, L. L. C. v. Nanjim Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Jaffe v. PJA Motor Corp.Appellate Division of the Supreme Court of the State of New York · 1998
3Cited by8 opinions
- Denoyelles v. GallagherAppellate Division of the Supreme Court of the State of New York · 2007
- Accent Collections, Inc. v. Cappelli Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Chung v. Caravan Coach Co.Appellate Division of the Supreme Court of the State of New York · 2001
- Mylonas v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2003
- Foncette v. LA ExpressAppellate Division of the Supreme Court of the State of New York · 2002
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