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KLEIN v. SEENAUTH

180 Misc.2d 213 (1999)

687 N.Y.S.2d 889

Keren J. Klein, an Infant, by Her Father and Natural Guardian, Lewis Klein, et al., Plaintiffs, v. Nacool Seenauth et al., Defendants and Third-Party Plaintiffs. City of New York, Third-Party Defendant.

Civil Court of the City of New York, Queens County.

March 25, 1999

Attorney(s) appearing for the Case

Curtis, Zaklukiewizc, Vasile, Devine & McElhenny, Merrick (Paul S. Devine of counsel), for defendants and third-party plaintiffs. Michael D. Hess, Corporation Counsel of New York City, for third-party defendant. Beth J. Schlossman, Brooklyn (Bruce Provda of counsel), for plaintiffs.

MARTIN E. RITHOLTZ, J.

At first glance, the instant motion pursuant to CPLR 3126 to dismiss plaintiffs' complaint based on an alleged willful failure to produce the bicycle involved in the subject accident of June 14, 1995 for inspection and testing, and plaintiffs' response that said bicycle had long been thrown out, would present a classical spoliation issue fact...

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