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SIMET v. COLEMAN COMPANY, INC.

8 A.D.3d 1038 (2004)

778 N.Y.S.2d 367

MARY SIMET, Respondent-Appellant, v. THE COLEMAN COMPANY, INC., et al., Appellants-Respondents, and NATIONWIDE MUTUAL INSURANCE COMPANY, Respondent, et al., Defendants. (Appeal No. 1.)

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

June 14, 2004.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We conclude in appeal No. 1 that Supreme Court properly granted those parts of the motions of defendant Nationwide Mutual Insurance Company (Nationwide) and defendants David E. Lehman and Linda Lehman seeking dismissal of the respective causes of action against them alleging spoliation for failure to state a cause of action (see...

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