ROMANO v. SCALIA AND DELUCIA PLUMBING


280 A.D.2d 658 (2001)

721 N.Y.S.2d 245

BENEDETTO ROMANO et al., Respondents, v. SCALIA AND DELUCIA PLUMBING, Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided February 26, 2001.


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

The plaintiffs, who planned to open a pizzeria, claim that the appellant negligently installed a gas line to a pizza oven that exploded when they attempted to light it. The appellant contends that the Supreme Court erred in denying its motion for summary judgment dismissing the complaint insofar as asserted against it on the ground of spoliation of evidence based on its claim that the plaintiffs...

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