Hannah v. Chorney

Appellate Division of the Supreme Court of New York

Hannah v. Chorney

79 A.D.3d 468, 911 N.Y.S.2d 622

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

DecidedDecember 7, 2010

StatusPublished

This text of 79 A.D.3d 468 (Hannah v. Chorney) 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.

Bluebook

Hannah v. Chorney, 79 A.D.3d 468, 911 N.Y.S.2d 622 (N.Y. Ct. App. 2010).

Pincite

Opinion

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered April 30, 2009, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion to strike defendants’ answers as a sanction for spoliation, unanimously affirmed, without costs.

The absence of the operative report did not deprive plaintiff of means for establishing a prima facie case (see e.g. Orloski v McCarthy, 274 AD2d 633, 635-636 [2000], Iv denied 95 NY2d 767 [2000]; cf. Gray v Jaeger, 17 AD3d 286 [2005]). Therefore, striking the answers would have constituted too drastic a remedy. The court properly granted plaintiffs alternative request for dismissal of the action.

[469]*469We have considered the parties’ remaining contentions and find them unavailing. Concur — Mazzarelli, J.E, Acosta, Richter, Abdus-Salaam and Román, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered April 30, 2009, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion to strike defendants’ answers as a sanction for spoliation, unanimously affirmed, without costs.

The absence of the operative report did not deprive plaintiff of means for establishing a prima facie case (see e.g. Orloski v McCarthy, 274 AD2d 633, 635-636 [2000], Iv denied 95 NY2d 767 [2000]; cf. Gray v Jaeger, 17 AD3d 286 [2005]). Therefore, striking the answers would have constituted too drastic a remedy. The court properly granted plaintiffs alternative request for dismissal of the action.

[469]*469We have considered the parties’ remaining contentions and find them unavailing. Concur — Mazzarelli, J.E, Acosta, Richter, Abdus-Salaam and Román, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

79 A.D.3d 468, 911 N.Y.S.2d 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hannah-v-chorney-nyappdiv-2010.

Opinion

Related

Cite This Page — Counsel Stack