PRASAD v. B.K. CHEVROLET, INC.


184 A.D.2d 626 (1992)

Sarojini Prasad et al., Respondents, v. B.K. Chevrolet, Inc., Formerly Known as Barnes-Kotler Ford, Inc., Appellant. (And a Third-Party Action.)

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

June 15, 1992


Ordered that the order is affirmed insofar as appealed from, with costs.

The record fails to support the defendant's contention that the plaintiffs' expert willfully destroyed or altered the subject vehicle so as to warrant the granting of an order of preclusion as a sanction pursuant to CPLR 3126. During his inspection of the vehicle prior to the commencement of this action, the plaintiffs' expert removed some of the automobile components and stored them in boxes...

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