Suarez v. Salas

Full title: Jose SUAREZ and Kooperling Matias, by his Grandmother and Natural Guardian…

Court: Supreme Court, Appellate Term, First Department, New York.

Date published: Mar 19, 2014

42 Misc. 3d 148 (N.Y. App. Term 2014)

2014 N.Y. Slip Op. 50392

986 N.Y.S.2d 868

Opinion

No. 13–442/443.

2014-03-19

Jose SUAREZ and Kooperling Matias, by his Grandmother and Natural Guardian Maria NUNEZ and Maria Nunez Individually, Plaintiffs–Respondents, v. Victor SALAS, Maximo T. Correa, and Elizabeth A. Matias, Defendants–Appellants.

PER CURIAM.

We find no abuse of discretion in the denial of those branches of defendants' motions seeking to dismiss the complaint as a discovery sanction, since plaintiffs never had possession of the MRI films at issue, and cannot be presumed responsible for their loss ( see Fotiou v. Goodman, 74 AD3d 1140 [2010] ).