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ATL HORIZON CORP v. RODRIGUEZ

180 Misc.2d 400 (1999)

689 N.Y.S.2d 371

Atlantic Horizon Realty Corp., Petitioner, v. Roberto Rodriguez et al., Respondents.

District Court of Nassau County, First District.

March 24, 1999

Attorney(s) appearing for the Case

John E. Molinari, Freeport, for petitioner. Community Legal Assistance Corp., Hempstead, for respondents.

ALAN A. BERGSTEIN, J.

This matter, a spoliation hearing, incidental to a nonpayment summary proceeding, was held before this court on February 25, 1999, and continued and concluded on March 8, 1999.

The matter commenced as a routine nonpayment summary proceeding, but the respondents, in their answer, interposed a number of affirmative defenses and counterclaims, alleging a breach of the warranty of...

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