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TOMKINS v. ARMSTRONG

7 Misc.3d 311 (2005)

793 N.Y.S.2d 736

EVELYN TOMKINS et al., as Coadministrators of the Estate of BEN MIXSON, Deceased, et al., Plaintiffs, v. RUDY ARMSTRONG et al., Defendants.

Supreme Court, Kings County.

January 19, 2005.

Attorney(s) appearing for the Case

Kassel & Steier LLP (Susan F. Steier of counsel), for plaintiffs.

Michael A. Cardozo, Corporation Counsel (Patrick G. Rooney of counsel), for defendants.

OPINION OF THE COURT

LAURA JACOBSON, J.

Plaintiffs moved for an order striking defendant's answer for spoliation of evidence, granting summary judgment on the basis of negligence per se, setting the matter down for a trial on the issue of damages and directing inverse evidence charges. In an order dated April 14, 2004, this court granted plaintiffs leave to renew their motion to strike the answer of defendant...

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