Appellate Division of the Supreme Court of New York, 2011

Palakawong v. Lalli

Appellate Division of the Supreme Court of New York · Decided October 18, 2011

88 A.D.3d 541; 930 N.Y.2d 588

Cases that cite this one

3 later published cases cite this decision.

New York City Housing Authority v. Pro Quest Security, Inc. (Appellate Division of the Supreme Court of New York 2013)
New York City Housing Authority v. Pro Quest Security, Inc. (Appellate Division of the Supreme Court of New York 2013)
Harry Winston, Inc. v. Eclipse Jewelry, Corp. (Appellate Division of the Supreme Court of New York 2023)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

*542The Lallis may rely on evidence other than Perez’s motorcycle to prove that they did not cause the motor vehicle accident, including the police accident report and their insurer’s inspections of other vehicles involved in the accident. Thus, Supreme Court providently exercised its discretion in denying that part of the Lallis’ motion seeking to dismiss Perez’s action (see Tommy Hilfiger, USA v Commonwealth Trucking, 300 AD2d 58, 60 [2002]). However, a lesser sanction is warranted given Perez’s intentional alteration of his motorcycle (see Kugel v City of New York, 60 AD3d 403 [2009]; Rodriguez v 551 Realty LLC, 35 AD3d 221 [2006]). Concur — Saxe, J.P, Friedman, Moskowitz, Freedman and Richter, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.