HUSSAIN v. NOWAK


38 A.D.3d 1342 (2007)

832 N.Y.S.2d 337

ALIA HUSSAIN et al., Appellants, v. RICHARD NOWAK et al., Respondents.

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

Decided March 16, 2007.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by plaintiff Alia Hussain when her hand became caught on a wire flag holder attached to defendants' mailbox. Plaintiffs moved to strike defendants' answer for spoliation of evidence and submitted evidence establishing that defendants' insurance company, to whom...

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