FRANCO v. HALF MOON RIV. CLUB, LLC

2020-04356. Index No. 69706/17.

214 A.D.3d 956 (2023)

187 N.Y.S.3d 64

2023 NY Slip Op 01664

Linda Franco, Also Known as Laurinda Franco, Respondent-Appellant, v. Half Moon River Club, LLC, Doing Business as Half Moon Fort Pond Bay Company LL, et al., Appellants-Respondents. (And a Third-Party Action.)

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

Decided March 29, 2023.


Attorney(s) appearing for the Case

Kaufman Borgeest & Ryan LLP, Valhalla, NY ( David Bloom of counsel), for appellants-respondents.

Pirrotti & Glatt Law Firm PLLC, Scarsdale, NY ( Anthony Pirrotti, Jr. , of counsel), for respondent-appellant.

Brathwaite Nelson, J.P., Wooten, Genovesi and Warhit, JJ., concur.


In an action to recover damages for personal injuries, the defendants appeal, and the plaintiff cross-appeals, from an order of the Supreme Court, Westchester County (Joan B. Lefkowitz, J.), dated April 27, 2020. The order, insofar as appealed from, denied that branch of the defendants' motion which was for summary judgment dismissing the causes action alleging common-law negligence, and granted the plaintiff's cross-motion to impose sanctions against the defendants for spoliation...

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