NY Appeals Court Bars Intentionally Withheld Evidence

Law360, New York (December 6, 2012, 8:11 PM EST) -- A New York appeals court on Wednesday ruled that intentionally withheld evidence, including photographs and witness testimony, could not be used by the defense in a civil suit over injuries sustained in a vehicular accident.

The appeals court reversed a district court's decision and sanctioned Massapequa, N.Y.-based FJF & Sons Electric Co. Inc. — which owns the sport utility vehicle that hit plaintiff Dominick Arpino's motorcycle in June 2008 — for failing to comply with Arpino's discovery demands and for actively withholding the names of witnesses...
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