In Princeton Insurance Co. v. Jenny Exhaust Systems, Inc. , Princeton sought damages for injury to property after work performed by Jenny Exhaust Systems was alleged to have caused a restaurant fire.
Jenny asked the Queens County Supreme Court to dismiss Princeton's case based on "spoliation" -- the destruction or alteration of evidence. Although it had been previously denied that relief, Jenny reiterated its dismissal request after it received photographs of the fire scene. Once again, the Supreme Court was unwilling to extinguish the case since discovery hadn't been completed,
On appeal, the Appellate Division, Second Department, noted that Jenny failed to pursue certain objections when its first motion had been rebuffed by the Supreme Court. Since no justification was offered for that omission, the appellate court declined to consider those objections on appeal. Further, since the parties hadn't yet engaged in discovery, the AD2 was of the opinion that Jenny was being premature.
"Jenny, I've got your number!"
To download a copy of the Appellate Division's decision, please use this link: Princeton Insurance Co. v. Jenny Exhaust Systems, Inc.