BLUE RIDGE INSURANCE COMPANY v. WHIRLPOOL CORPORATION


302 A.D.2d 418 (2003)

754 N.Y.S.2d 906

BLUE RIDGE INSURANCE COMPANY, Respondent, v. WHIRLPOOL CORPORATION et al., Appellants.

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

Decided February 10, 2003.


Ordered that the order is affirmed, with costs.

Under the circumstances of this case, the Supreme Court providently exercised its discretion in concluding that the drastic remedy of dismissal based upon spoliation of evidence was unwarranted (see Chiu Ping Chung v Caravan Coach Co., 285 A.D.2d 621). Moreover, there are issues of fact which preclude the granting of summary...

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