spoliation of evidence new york

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498 documents for spoliation of evidence new york
  • In a case of first impression in New York, a recent decision of Supreme Court, Queens County, found that a personal injury plaintiff engaged in spoliation of evidence by intentionally undergoing elective surgery before the defendants had a chance to conduct an Independent Medical Examination (IME). In Mangione v. Jacobs, 2012 NY Misc LEXIS 3633, 2012 NY Slip Op 22211 (Sup Ct, Queens County, July 31), the court focused on the plaintiff's egregious conduct and imposed the ultimate sanction for spoliation of evidence: dismissal of the complaint. The plaintiff, Susanna Mangione, was a passenger in a taxi that collided with another vehicle on Dec. 2, 2009, Id., 2012 NY Misc LEXIS 3633 at *1-2. Mangione sued the owner and operator of the taxi, as well as the other vehicle's owner and operator...

  • A third party can't be sued for negligent spoliation of evidence, New York's highest court has ruled. The plaintiff's minivan burst into flames on the side of the road, causing him and a passenger to suffer severe burns. The police who investigated the accident had a towing company remove the vehicle.

  • ... A New York federal district court recently ruled that, with ... require finding the company liable for spoliation of evidence, a New York federal court recently ...

  • Does an insurance carrier/owner have a duty to preserve a vehicle damaged by fire in order to allow parties the opportunity to inspect the vehicle? Does the insurance carrier/owner's failure to preserve the vehicle support a cause of action for spoliation of evidence as an independent tort? These were the central issues before New York State's highest court in MetLife Auto & Home, & c. v. Joe Basil Chevrolet, Inc., et al. A 1999 Chevrolet Tahoe caught on fire, damaging the garage it was parked in along with the home the garage was attached to. The plaintiff filed suit, after the vehicle's insurance carrier failed to preserve the damaged vehicle. Specifically, the plaintiff alleged that the carrier/owner had a duty to preserve the damaged vehicle and its failure to do so supports a cause...

  • ... Judge for the Eastern District of New York, sitting by designation. . 1 Josendis also ... as it did, he would have uncovered evidence that would have created material issues of fact. ... opinion alludes to the doctrine of spoliation, pursuant to which “an adverse inference is ...

  • Where the plaintiff commenced an action seeking damages for injuries sustained in the course of employment, the issue before the court was whether it was proper to grant the plaintiff's motion for leave to amend the complaint to assert direct causes of action against a third-party defendant for spoliation of evidence. Reviewing the April 9, 2004 decision of New York State Supreme Court, Onondaga County Judge Anthony J. Paris in Marly Millard v. Alliance Laundry Systems, LLC, et al., the Appellate Division, Fourth Department reversed the order of the lower court and denied the plaintiff's motion.

  • ... about how to search for relevant evidence during discovery and investigations." (14) . ... available for non-disclosure and spoliation of electronic evidence will motivate litigators ... Court for the Southern District of New York, which many consider seminal in the area of ...

  • ... recovery of damages for negligent spoliation of evidence based upon the destruction of Robert ... the bill of particulars, contending that New York does not recognize an independent cause of action ...

  • Evidence law is usually considered ex post, from the standpoint of a judge deciding whether to admit evidence offered by a party. This Article examines the law ex ante, considering how it affects the behavior of parties contemplating or conducting litigation. Seen from this perspective, the rules of Evidence give rise to a variety of incentives and After discussing the more familiar of these, notably those arising from the adversary system, the Article explores many unfamiliar incentives and disincentives affecting the creation, preservation, and presentation of evidence. In conclusion, it considers some objections to viewing .

    ... encourage or discourage forgery and spoliation of evidence. Next, Part IV reviews some ...New York, 401 U.S. 222 (1971) ( Miranda Fifth Amendment ...

  • Spoliation has usually been defined as the "intentional destruction, mutilation, alteration or concealment of evidence, [usually] a document," Metlife Auto & Home v. Basil Chevrolet, 303 A.D.2d 30, 33-34 (Fourth Dept. 2002); See also Kirkland v. New York City Hous. Auth., 236 A.D.2d 170 (First Dept. 1997). CPLR 3126 sets forth the statutory basis for seeking sanctions against a party who fails to preserve evidence, see also Wetzler v. Sisters of Charity Hosp., 17 A.D.3d 1088 (Fourth Dept. 2005).

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