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TOMASELLO v. 64 FRANKLIN, INC.

45 A.D.3d 1287 (2007)

845 N.Y.S.2d 643

JASON TOMASELLO, Respondent, v. 64 FRANKLIN, INC., Doing Business as SOHO BAR, Appellant, et al., Defendant.

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

Decided November 9, 2007.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by vacating the sanctions imposed, reinstating the first affirmative defense of defendant 64 Franklin, Inc., doing business as Soho Bar, and granting plaintiff an adverse inference charge against that defendant and as modified the order is affirmed without costs.

Memorandum:

Plaintiff commenced this action...

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