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GOMEZ v. METRO TERMINALS CORP.

279 A.D.2d 550 (2001)

719 N.Y.S.2d 283

ALBERT GOMEZ, Respondent, v. METRO TERMINALS CORP. et al., Appellants. (And a Third-Party Action.)

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

Decided January 22, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court providently exercised its discretion in denying the appellants' motion. The appellants did not show that the plaintiff's loss of certain magnetic resonance imaging (hereinafter MRI) films was willful, contumacious, or in bad faith (see, CPLR 3126; cf., Birch Hill Farm v Reed, 272 A.D.2d 282). Moreover, the appellants' spoliation...

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