FATA v. HESKEL'S RIVERDALE, LLC

Index No. 34350/20, Appeal No. 1445-1446, Case Nos. 2023-04379, 2023-04779.

2024 NY Slip Op 00226

FRED FATA, Plaintiff-Respondent, v. HESKEL'S RIVERDALE, LLC, Defendant-Appellant.

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

Decided January 18, 2024.


Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Katherine Herr Solomon of counsel), for appellant.

Hecht & Hecht, LLP, Bronx ( Michael W. Hecht of counsel), for respondent.

Before: Oing, J.P., Kennedy, Mendez, Rodriguez, Michael, JJ.


Judgment, Supreme Court, Bronx County (Raymond P. Fernandez, J.), entered September 14, 2023, in plaintiff's favor on the issue of liability, and bringing up for review an order, same court and Justice, entered July 31, 2023, which, to the extent appealed from, granted plaintiff's motion to strike defendant's answer on the grounds of spoliation of evidence and directed the Clerk to enter the aforesaid judgment, unanimously affirmed, without costs. Appeal from aforesaid order...

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