McArthur v. Wal-Mart Stores, Inc.

Appellate Division of the Supreme Court of New York

McArthur v. Wal-Mart Stores, Inc.

274 A.D.2d 378, 711 N.Y.S.2d 760, 2000 N.Y. App. Div. LEXIS 7540

Appellate Division of the Supreme Court of the State of New York·Decided July 3, 2000·Published·Cited by 1 cases

Opinion

—In an action, inter alia, to recover damages for malicious prosecution, the defendant Wal-Mart Stores, Inc., appeals from a judgment of the Supreme Court, Dutchess County (Beisner, J.), dated May 17, 1999, which, upon a jury verdict, is in favor of the plaintiff and against it in the total sum of $52,617.97.

Ordered that the judgment is affirmed, with costs.

No proper foundation was laid for admission of a copy of the videotape in lieu of the missing original (see, Dipace v Hertz Corp., 30 AD2d 515).

The appellant’s remaining contentions are without merit. Ritter, J. P., Joy, Goldstein and H. Miller, JJ., concur.

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—In an action, inter alia, to recover damages for malicious prosecution, the defendant Wal-Mart Stores, Inc., appeals from a judgment of the Supreme Court, Dutchess County (Beisner, J.), dated May 17, 1999, which, upon a jury verdict, is in favor of the plaintiff and against it in the total sum of $52,617.97.

Ordered that the judgment is affirmed, with costs.

No proper foundation was laid for admission of a copy of the videotape in lieu of the missing original (see, Dipace v Hertz Corp., 30 AD2d 515).

The appellant’s remaining contentions are without merit. Ritter, J. P., Joy, Goldstein and H. Miller, JJ., concur.

McArthur v. Wal-Mart Stores, Inc., 274 A.D.2d 378, 711 N.Y.S.2d 760, 2000 N.Y. App. Div. LEXIS 7540 (N.Y. Ct. App. 2000).

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274 A.D.2d 378 (McArthur v. Wal-Mart Stores, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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