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HAMILTON v. NEW BRANFORD, INC.

289 A.D.2d 87 (2001)

735 N.Y.S.2d 22

AISLINN HAMILTON, an Infant, by Her Parent and Natural Guardian, BERNIE HAMILTON, et al., Respondents, v. NEW BRANFORD, INC., et al., Respondents. (And Other Actions.) AISLINN HAMILTON, an Infant, by Her Parent and Natural Guardian, BERNIE HAMILTON, et al., Respondents, v. FAB INDUSTRIES CO., INC., Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided December 13, 2001.

The infant plaintiff allegedly sustained serious burn injuries when the sleep garment she was wearing, made with material manufactured by appellant, caught fire. Appellant was not entitled to a spoliation of evidence sanction based on the circumstance that the remaining remnant of the subject sleep garment is insufficient to permit testing pursuant to Federal children's sleepwear flammability standards. Appellant never sought to test the garment, even though it was produced...

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