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McMAHON v. FORD MOTOR CO.

34 A.D.3d 263 (2006)

825 N.Y.S.2d 447

CHRISTOPHER McMAHON et al., Respondents, v. FORD MOTOR CO. et al., Appellants.

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

Decided November 9, 2006.

Plaintiffs allege that Christopher McMahon was seriously injured in an accident on August 11, 1996 due to the failure of a seat belt in a vehicle manufactured by defendant Ford Motor Company and sold by defendant Metro Ford. In August 2004, defendants moved to dismiss the action based on spoliation and CPLR 3126.

Defendants' claims of "constructive spoliation" with respect to the maintenance records for the vehicle and Mr...

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