Enstrom v. Garden Place Hotel

Appellate Division of the Supreme Court of New York

Enstrom v. Garden Place Hotel

27 A.D.3d 1087, 810 N.Y.S.2d 708

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 17, 2006

DocketAppeal No. 2

StatusPublished

This text of 27 A.D.3d 1087 (Enstrom v. Garden Place Hotel) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Enstrom v. Garden Place Hotel, 27 A.D.3d 1087, 810 N.Y.S.2d 708 (N.Y. Ct. App. 2006).

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Opinion

Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered December 21, 2004. The order granted the motion of defendant Bison Plumbing City, Inc. for summary judgment to the extent of awarding that defendant a conditional order of common-law indemnification against defendant Garden Place Hotel, a subsidiary of Salvatore’s Italian Gardens, Inc., as a sanction for the spoliation of evidence.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating the sanction imposed and granting defendant Bison Plumbing City, Inc. an adverse inference charge against defendant Garden Place Hotel, a subsidiary of Salvatore’s Italian Gardens, Inc., and as modified the order is affirmed without costs.

Same memorandum as in Enstrom v Garden Place Hotel (27 AD3d 1084 [2006]). Present—Pigott, Jr., P.J., Hurlbutt, Martoche, Pine and Hayes, JJ.

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Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered December 21, 2004. The order granted the motion of defendant Bison Plumbing City, Inc. for summary judgment to the extent of awarding that defendant a conditional order of common-law indemnification against defendant Garden Place Hotel, a subsidiary of Salvatore’s Italian Gardens, Inc., as a sanction for the spoliation of evidence.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating the sanction imposed and granting defendant Bison Plumbing City, Inc. an adverse inference charge against defendant Garden Place Hotel, a subsidiary of Salvatore’s Italian Gardens, Inc., and as modified the order is affirmed without costs.

Same memorandum as in Enstrom v Garden Place Hotel (27 AD3d 1084 [2006]). Present—Pigott, Jr., P.J., Hurlbutt, Martoche, Pine and Hayes, JJ.

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27 A.D.3d 1087, 810 N.Y.S.2d 708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/enstrom-v-garden-place-hotel-nyappdiv-2006.

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