PENNACHIO v. COSTCO WHOLESALE CORP.

2013-01878, Index No. 14544/09.

119 A.D.3d 662 (2014)

990 N.Y.S.2d 54

2014 NY Slip Op 5165

ANTHONY S. PENNACHIO, SR., Appellant-Respondent, v. COSTCO WHOLESALE CORPORATION, Respondent-Appellant.

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

Decided July 9, 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 (Bunyan, J.), dated December 5, 2012, as granted his motion to strike the defendant's answer on the ground of spoliation of evidence only to the extent of, in effect, directing that an adverse inference charge be given against the defendant at trial, and the defendant cross-appeals, as limited by its notice of appeal...

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