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STD FIRE INS v. FED PAC ELEC.

14 A.D.3d 213 (2004)

786 N.Y.S.2d 41

THE STANDARD FIRE INSURANCE COMPANY, as Subrogee of MARK D'ANDREA, Respondent, v. FEDERAL PACIFIC ELECTRIC COMPANY, Appellant, et al., Defendant.

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

December 7, 2004.

Attorney(s) appearing for the Case

Steven J. London, New York City (David Samel of counsel), for appellant.

Speyer & Perlberg, LLP, New York City (Joseph B. Wolf of counsel), for respondent.

Nardelli, J.P., Mazzarelli, Lerner and Friedman, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

In this subrogation action by The Standard Fire Insurance Company arising out of a fire loss covered by its insurance policy, the issue on appeal is whether the action against Federal Pacific Electric Company, which allegedly manufactured the electrical panel and circuit breakers claimed to have malfunctioned and contributed to the cause of the fire, should be dismissed, on the ground of spoliation of evidence, because of...

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