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ABENANTE v. STAR GAS CORPORATION

278 A.D.2d 438 (2000)

717 N.Y.S.2d 913

JAMES ABENANTE et al., Appellants, v. STAR GAS CORPORATION, Doing Business as COLEMAN GAS SERVICE, Respondent. (And a Third-Party Action.)

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

Decided December 26, 2000.

Ordered that the order is affirmed, with costs.

The plaintiffs failed to demonstrate that the defendant disturbed or destroyed physical evidence that it knew might be needed for future litigation, or that they were prejudiced by any of the defendant's actions. Therefore, the Supreme Court properly denied the plaintiffs' motion (see, Gallo v Bay Ridge Lincoln Mercury, 262 A.D.2d 450; Popfinger v Terminix Intl. Co. Ltd....

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