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BEAR, STEARNS & CO., INC. v. ENVIROPOWER, LLC

21 A.D.3d 855 (2005)

804 N.Y.S.2d 54

BEAR, STEARNS & CO., INC., Respondent, v. ENVIROPOWER, LLC, Appellant.

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

September 29, 2005.

Defendant's answer was properly stricken because of its negligent spoliation of documents (see Gray v. Jaeger, 17 A.D.3d 286 [2005]; Standard Fire Ins. Co. v. Federal Pac. Elec. Co., 14 A.D.3d 213, 218 [2004]) after it was on notice of plaintiff's claim, albeit before the action was commenced (see 430 Park Ave. Co. v. Bank of Montreal, ...

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