Legal Opinion
Abenante v. Star Gas Corp.
Appellate Division of the Supreme Court of the State of New York
Decided December 26, 2000PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Orange County (Berry, J.), dated October 21, 1999, which denied their motion to strike the defendant’s answer and for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The plaintiffs failed to demonstrate that the defendant disturbed or destroyed physical evidence that it knew might be needed for future litigation, or that they were prejudiced by any of the defendant’s actions. Therefore, the Supreme Court properly denied the…
2Cases cited4 opinions
- DiDomenico v. C & S Aeromatik Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Popfinger v. Terminix International Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Prasad v. B.K. Chevrolet, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Gallo v. Bay Ridge Lincoln Mercury, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
3Cited by4 opinions
- Eckers v. SuedeAppellate Division of the Supreme Court of the State of New York · 2002
- Morales v. Delta Air Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Santorelli v. Apple & Eve, L.P.Appellate Division of the Supreme Court of the State of New York · 2002
- Velasquez v. Brocorp., Inc.Appellate Division of the Supreme Court of the State of New York · 2001