SACCOMAGNO v. CITY OF NEW YORK


29 A.D.3d 980 (2006)

814 N.Y.S.2d 879

CHAD SACCOMAGNO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

May 30, 2006.


Ordered that the appeal is dismissed, without costs or disbursements.

The plaintiff contends that the Supreme Court erred in denying his motion to strike the answer of the defendant New York City Transit Authority or impose sanctions based on spoliation of evidence. However, the appeal has been rendered academic in light of our determination of the appeal from an amended order of the same court dated January 19, 2005 (

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