LUZURIAGA v. FDR SERVS. CORP.

2018-00822. Index No. 708563/14.

189 A.D.3d 817 (2020)

133 N.Y.S.3d 484

2020 NY Slip Op 07185

Felix Luzuriaga, Appellant, v. FDR Services Corp. et al., Respondents.

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

Decided December 2, 2020.


Attorney(s) appearing for the Case

Elefterakis, Elefterakis & Panek (Cherney & Podolsky, PLLC, Brooklyn, NY [ Oliver R. Tobias ], of counsel), for appellant.

Mulholland Minion Davey McNiff & Beyrer, Williston Park, NY ( Matthew Williams of counsel), for respondents.

Balkin, J.P., Roman, Barros and Christopher, JJ., concur.


Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for personal injuries, alleging that he was injured when a vehicle owned and operated by the defendants struck his vehicle. At the plaintiff's deposition, the defendants made an oral request on the record for the plaintiff to preserve 271 photographs on his cell phone that depicted his post-accident activities, and later made a written demand for these photographs...

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