Ordered that the judgment is affirmed, with costs.
The plaintiffs contend that an adverse inference charge was warranted, as the defendant did not produce two CAT scans. A party seeking an adverse inference charge against an opponent which, as here, has failed to produce a document, must make a prima facie showing that the document in question actually exists, that it is under the opposing party's control, and that there is no reasonable explanation for failing to...
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