McLeod v. Brooklyn Union Gas Co.

Appellate Division of the Supreme Court of New York

McLeod v. Brooklyn Union Gas Co.

282 A.D.2d 658, 723 N.Y.S.2d 685, 2001 N.Y. App. Div. LEXIS 3972

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

DecidedApril 23, 2001

StatusPublished

This text of 282 A.D.2d 658 (McLeod v. Brooklyn Union Gas Co.) 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

McLeod v. Brooklyn Union Gas Co., 282 A.D.2d 658, 723 N.Y.S.2d 685, 2001 N.Y. App. Div. LEXIS 3972 (N.Y. Ct. App. 2001).

Pincite

Opinion

—In an action to recover damages for personal injuries, etc., the defendant Brooklyn Union Gas Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Pincus, J.), dated April 5, 2000, as granted the plaintiffs’ motion pursuant to CPLR 3126 to strike its answer to the extent of directing a missing witness charge in favor of the plaintiffs unless it complied with certain discovery.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for a missing witness charge is denied.

Under the circumstances of this case, the Supreme Court should not have directed a missing witness charge in favor of the plaintiffs upon the appellant’s failure to comply with certain discovery. O’Brien, J. P., Friedmann, Goldstein and Smith, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendant Brooklyn Union Gas Company appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Pincus, J.), dated April 5, 2000, as granted the plaintiffs’ motion pursuant to CPLR 3126 to strike its answer to the extent of directing a missing witness charge in favor of the plaintiffs unless it complied with certain discovery.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for a missing witness charge is denied.

Under the circumstances of this case, the Supreme Court should not have directed a missing witness charge in favor of the plaintiffs upon the appellant’s failure to comply with certain discovery. O’Brien, J. P., Friedmann, Goldstein and Smith, JJ., concur.

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Bluebook (online)

282 A.D.2d 658, 723 N.Y.S.2d 685, 2001 N.Y. App. Div. LEXIS 3972, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcleod-v-brooklyn-union-gas-co-nyappdiv-2001.