Legal Opinion

Tomasello v. 64 Franklin, Inc.

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

Decided November 9, 2007PublishedCited by 13 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J.), entered April 26, 2006 in a personal injury action. The order, among other things, imposed sanctions against defendant 64 Franklin, Inc., doing business as Soho Bar, for negligent spoliation of evidence.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating the sanctions imposed, reinstating the first affirmative *1288defense of defendant 64 Franklin, Inc., doing business as Soho Bar, and granting plaintiff an adverse inference charge against that…

2Cases cited5 opinions

  1. Enstrom v. Garden Place HotelAppellate Division of the Supreme Court of the State of New York · 2006
  2. Molinari v. SmithAppellate Division of the Supreme Court of the State of New York · 2007
  3. Metropolitan New York Coordinating Council on Jewish Poverty v. FGP Bush Terminal, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Wetzler v. Sisters of Charity HospitalAppellate Division of the Supreme Court of the State of New York · 2005
  5. Wetzler v. Sisters of Charity HospitalAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by13 opinions

  1. Pegasus Aviation I, Inc. v. Varig Logistica S.A.New York Court of Appeals · 2015
  2. Koehler v. ClubAppellate Division of the Supreme Court of the State of New York · 2008
  3. Mahiques v. County of NiagaraAppellate Division of the Supreme Court of the State of New York · 2016
  4. In re the Estate of FaliseNew York Surrogate's Court · 2008
  5. MAHIQUES, FRANK J. v. COUNTY OF NIAGARA FALLSAppellate Division of the Supreme Court of the State of New York · 2016

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