1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 191 A.D.3d
  5. 191 A.D.3d 472 (2021)
 

JERRICK ASSOC., INC. v. PHOENIX OWNERS CORP.

Index No. 653103/16. Appeal No. 13079N. Case No. 2019-3325.

191 A.D.3d 472 (2021)

142 N.Y.S.3d 20

2021 NY Slip Op 00799

Jerrick Associates, Inc., Respondent-Appellant/ Counterclaim Defendant-Respondent/Appellant, v. Phoenix Owners Corp., Appellant-Respondent/Counterclaimant Appellant/Respondent, et al., Defendants.

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

Decided February 9, 2021.

Attorney(s) appearing for the Case

Davidoff Hutcher & Citron LLP, New York ( Andrew K. Rafalaf of counsel), for appellant-respondent.

Rosenberg Feldman Smith LLP, Tarrytown ( Stephen J. Sassoon , of counsel), for respondent-appellant.

Concur—Renwick, J.P., Kern, Mazzarelli, Oing, JJ.

"Under New York law, spoliation sanctions are appropriate where a litigant, intentionally or negligently, disposes of crucial items of evidence ... before the adversary has an opportunity to inspect them" (Kirkland v New York City Hous. Auth., 236 A.D.2d 170, 173 [1st Dept 1997]). Here, where defendant partially replaced the sidewalk that is the subject of this litigation after its consultant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases