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VELASQUEZ v. BROCORP., INC.

283 A.D.2d 423 (2001)

723 N.Y.S.2d 870

ROBERT D. VELASQUEZ, Respondent, v. BROCORP., INC., et al., Appellants.

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

Decided May 7, 2001.

Ordered that the order is affirmed, without costs or disbursements.

The Supreme Court providently exercised its discretion in granting the plaintiff's motion pursuant to CPLR 3126 to strike the defendants' answer based on the defendants' spoliation of evidence (see, DiDomenico v C & S Aeromatik Supplies, 252 A.D.2d 41; cf., Abenante v Star Gas Corp., 278 A.D.2d 438

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