WASHINGTON v. CHURCH NOSTRAND APPAREL CORP (2025)

Supreme Court, Appellate Division, Second Department, New York.

Francis WASHINGTON, appellant, v. CHURCH & NOSTRAND APPAREL CORP., respondent.

2023-06195

Decided: May 21, 2025

ANGELA G. IANNACCI, J.P., LINDA CHRISTOPHER, BARRY E. WARHIT, DONNA–MARIE E. GOLIA, JJ.

Law Offices of Gerald P. Gross, P.C., Cedarhurst, NY, for appellant. McMahon, Martine & Gallagher, LLP, Brooklyn, NY (Deirdre Egan and Daniel Reiser of counsel), for respondent.

DECISION & ORDER

In an action, inter alia, to recover damages for assault, battery, and negligent hiring, retention, and supervision, the plaintiff appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated April 21, 2023. The order denied the plaintiff's motion pursuant to CPLR 3126, among other things, to strike the defendant's answer for spoliation of evidence.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed because the order appealed from was superseded by an order dated June 9, 2023, made upon reargument (see Washington v. Church & Nostrand Apparel Corp., ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2025 WL 1450331 [Appellate Division Docket No. 2023–06197; decided herewith]).

IANNACCI, J.P., CHRISTOPHER, WARHIT and GOLIA, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law