FLOREA v. BANK OF NEW YORK


87 A.D.2d 526 (1982)

Stanley Florea et al., Appellants-Respondents, v. Bank of New York, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 11, 1982


Unanimously modified, on the law, to the extent of denying defendant's motion for partial summary judgment and, as so modified, affirmed, without costs and disbursements.

Regarding defendant's motion to dismiss the complaint on the ground that plaintiff Florea purposefully destroyed records relevant to the action, defendant is guilty of laches. Some 14 months have expired since the court ordered examination of this plaintiff for failure to produce documents, and four...

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