AHMAD v. BABYLON FORD, INC.


276 A.D.2d 513 (2000)

716 N.Y.S.2d 579

JAMSHAD S. AHMAD et al., Respondents, v. BABYLON FORD, INC., Appellant.

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

Decided October 10, 2000.


Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the defendant's motion pursuant to CPLR 3126 to dismiss the complaint which was based on the plaintiffs' alleged spoliation of evidence (see, Gallo v Bay Ridge Lincoln Mercury, 262 A.D.2d 450; Popfinger v Terminix Intl. Co. Ltd. Partnership, 251 A.D.2d 564; see also, Prasad v B.K. Chevrolet,...

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