Legal Opinion
Berger v. NYCO Plumbing & Heating Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 1, 2015No. 2013-05501PublishedCited by 4 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Rothenberg, J.), dated April 2, 2013, as granted that branch of the defendant’s motion which was pursuant to CPLR 3126 to strike the complaint on the ground of spoliation of evidence to the extent of precluding the plaintiff from offering evidence at trial regarding the condition of a certain coal chute cover and frame, and granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint.
Ordered…
2Cases cited6 opinions
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Stiver v. Good & Fair Carting & Moving, Inc.New York Court of Appeals · 2007
- Altinma v. East 72nd Garage Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Bauerlein v. Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by4 opinions
- Barone v. NickersonAppellate Division of the Supreme Court of the State of New York · 2016
- Farrugia v. 1440 Broadway Assoc.Appellate Division of the Supreme Court of the State of New York · 2018
- Farrugia v. 1440 Broadway Assoc.Appellate Division of the Supreme Court of the State of New York · 2018
- Petersen v. Forest City Ratner Cos., LLCAppellate Division of the Supreme Court of the State of New York · 2022