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NEVE v. CITY OF NEW YORK

2012-06639, Index No. 37329/04.

117 A.D.3d 1006 (2014)

986 N.Y.S.2d 606

2014 NY Slip Op 3809

ANTHONY NEVE, Appellant-Respondent, v. CITY OF NEW YORK et al., Respondents-Appellants. (And Third-Party Actions.) (Appeal No. 1.) ANTHONY NEVE, Plaintiff, v. CITY OF NEW YORK et al., Defendants/Third-Party Plaintiffs/Third Third-Party Plaintiffs-Respondents. JOHNSTON SWEEPER COMPANY, Third-Party Defendant/Second Third-Party Plaintiff-Appellant-Respondent; SEATS, INC., Second Third-Party Defendant/Third-Party Defendant-Respondent-Appellant. (Appeal No. 2.)

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

Decided May 28, 2014.

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 (Velasquez, J.), dated May 8, 2012, as denied that branch of his motion which was pursuant to CPLR 3126 to impose a sanction upon the defendants for spoliation of evidence to the extent of striking the defendants' answer and thereupon awarding summary judgment on the...

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