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YECHIELI v. GLISSEN CHEMICAL CO., INC.

40 A.D.3d 988 (2007)

836 N.Y.S.2d 668

MICHAEL YECHIELI et al., Appellants, v. GLISSEN CHEMICAL CO., INC., et al., Defendants, and CITY OF NEW YORK et al., Respondent.

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

Decided May 22, 2007.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs failed to demonstrate conduct on the part of the defendant City of New York which would warrant striking its answer pursuant to CPLR 3126 or based upon spoliation of evidence (see Mylonas v Town of Brookhaven, 305 A.D.2d 561, 562-563 [2003]; Foncette v LA Express, 295 A.D.2d 471, 472 [2002]; ...

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