Bach v. City of New York
| Decision Date | 26 October 2006 |
| Docket Number | 9384. |
| Citation | 2006 NY Slip Op 07788,827 N.Y.S.2d 2,33 A.D.3d 544 |
| Parties | TARA BACH, Appellant, v. CITY OF NEW YORK, Respondent. |
| Court | New York Supreme Court — Appellate Division |
Although plaintiff's motion was premised on new material and, accordingly, was one for renewal, and not reargument as the motion court thought, the substantive relief sought was nonetheless properly denied. While the record indicates that records possibly bearing on whether defendant had notice of the alleged park path defect were lost, their loss was evidently inadvertent and occurred before the Parks Department, the custodian of the records, had notice of an impending action by plaintiff. In view of the circumstances attending the loss and the additional circumstance that the lost records were not shown to be crucial to plaintiff's case, summary judgment upon the ground of spoliation would not have been appropriate (see Squitieri v City of New York, 248 AD2d 201 [1998]; DiDomenico v C & S Aeromatik Supplies, 252 AD2d 41, 53 [1998]; Kirkland v New York City Hous. Auth., 236 AD2d 170 [1997]). Nor did plaintiff demonstrate grounds for sanctions pursuant to CPLR 3126. No willful and contumacious failure by defendant to comply with court-ordered discovery was shown (see Nussbaum v D'Amico, 29 AD3d 449 [2006]).
To continue reading
Request your trial
-
Sanders v. 210 N. 12TH St., LLC
...750 ; Golan v. North Shore–Long Is. Jewish Health Sys., Inc. , 147 A.D.3d 1031, 1033–1034, 48 N.Y.S.3d 216 ; Bach v. City of New York , 33 A.D.3d 544, 545, 827 N.Y.S.2d 2 ). The letter dated February 23, 2016, which was submitted for the first time with the plaintiff's reply papers, may be ......
-
Alexander v. Blink Fitness
...N.Y.S.3d 750; Golan v. North Shore-Long Is. Jewish Health Sys., Inc., 147 A.D.3d 1031, 1033-1034, 48 N.Y.S.3d 216; Bach v. City of New York, 33 A.D.3d 544, 545, 827 N.Y.S.2d 2; cf. Rokach v. Taback, 148 A.D.3d 1195, 1196, 50 N.Y.S.3d 499; Biniachvili v Yeshivat Shaare Torah, Inc., 120 A.D.3......
-
Verizon N.Y., Inc. v. Consol. Edison, Inc.
...Alexander & Ferdon v. Penguin Air Conditioning, Inc., 221 A.D.2d 243, 633 N.Y.S.2d 493 [1st Dept.1995] ; Bach v. City of New York, 33 A.D.3d 544, 827 N.Y.S.2d 2 [1st Dept.2006] ) or has left the movant “prejudicially bereft' of the means of presenting their claim.” Kirkland v. New York City......
-
Sheiffer v. Fox
... ... , JERRY BLAIVAS, M.D., MATERNAL FETAL MEDICINE ASSOCIATES, PLLC, THE MOUNT SINAI HOSPITAL, NEW YORK UROLOGICAL ASSOCIATES, P.C., EAST RIVER IMAGING, P.C., and UROCENTER OF NEW YORK, Defendants ... supported by evidence in admissible form (see Zuckerman ... v. City of New York, 49 N.Y.2d 557, 562 [1980]), as well ... as the pleadings and other proof such ... Penguin Air Conditioning, Inc., 221 A.D.2d 243 [1st Dept ... 1995]; Bach v. City of New York, 33 A.D.3d 544 [1st ... Dept 2006]) or has left the movant ... ...