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MARRO v. ST. VINCENT'S HOSPITAL AND MEDICAL CENTER OF NEW YORK

294 A.D.2d 341 (2002)

742 N.Y.S.2d 327

KENNEDY MARRO, Respondent, v. ST. VINCENT'S HOSPITAL AND MEDICAL CENTER OF NEW YORK et al., Appellants, et al., Defendants. (Action No. 1.) KENNEDY MARRO, Respondent, v. IRA J. WAGNER et al., Appellants, et al., Defendants. (Action No. 2.) KENNEDY MARRO, Respondent, v. CITY OF NEW YORK, Appellant. (Action No. 3.) KENNEDY MARRO, Respondent, v. TPK CONSTRUCTION CORP., Appellant, and HELEN CARR CONSTRUCTION CORP., Defendant and Third-Party Plaintiff-Appellant. EL SOL CONTRACTING & CONSTRUCTION CORPORATION, Third-Party Defendant-Appellant. (Action Nos. 4 & 5.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 6, 2002.

Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

The Supreme Court properly granted the motions to dismiss the complaint and cross claims pursuant to CPLR 3126 based upon the plaintiff's spoliation of evidence only to the extent of directing that the trial court give a negative inference charge against the plaintiff. "Where a crucial item of evidence is lost, either intentionally...

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