BIGELOW v. DICK'S SPORTING GOODS, INC.


1 A.D.3d 777 (2003)

766 N.Y.S.2d 629

THEODORE BIGELOW, Respondent, v. DICK'S SPORTING GOODS, INC., et al., Defendants, and RALEIGH AMERICA, INC., Appellant.

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

November 13, 2003.


Carpinello, J.

After limited discovery, defendant Raleigh America, Inc. (hereinafter defendant) sought summary dismissal of plaintiff's complaint on the ground that plaintiff's failure to preserve critical evidence caused it extreme prejudice. The sparse record reveals the following. Plaintiff was riding a bicycle purportedly manufactured by defendant's predecessor when its chain allegedly snapped, causing him to fall and suffer personal injury. A bystander who witnessed...

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