State of New York v. Markowitz, 273 A.D.2d 637, 710 N.Y.S.2d 407 (3rd Dept 2000)
Jan 01, 2000OUTCOME: Successfully reversed and set aside jury verdict against client in excess of 11 million dollars
The Appellate Division held that: (1) as a matter of apparent first impression, individual defendants were not personally liable as dischargers under Navigation Law; (2) record was insufficient to supp ... ort treating employee as alter ego of corporation that operated gas station, for purposes of missing witness inference; and (3) corporation that operated gas station was denied its right to a fair trial on issue of penalties, due to likely prejudicial effect of improper negative inference.
