GITLITZ v. LATHAM PROCESS CORP.


258 A.D.2d 391 (1999)

683 N.Y.S.2d 851

SHELDON GITLITZ et al., Plaintiffs, v. LATHAM PROCESS CORP., Respondent, and AMERICAN TYPE FOUNDERS-WEBB DIVISION, Also Known as KINGSLEY ATF TYPE CORP., et al., Appellants, et al., Defendants. WHITE CONSOLIDATED INDUSTRIES, INC., et al., Third-Party Plaintiffs-Appellants, v. UNIVERSAL OFFSET CORP., Third-Party Defendant-Respondent.

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

Decided February 23, 1999.


Appellants' contention that respondents' spoliation of evidence warrants dismissal of respondents' claims against them was properly rejected at this juncture. Appellants may well be able to obtain evidence necessary to prove an alteration from the original design, and otherwise establish their defense, from the inspection report and deposition of plaintiff's expert, who was given an opportunity to inspect the press before the action was commenced, and from their own blueprints...

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