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CAPITANO v. FORD MOTOR COMPANY

15 Misc.3d 561 (2007)

831 N.Y.S.2d 687

GUY CAPITANO et al., Individually and as Parents and Natural Guardians of GUY CAPITANO II and Others, Infants, Plaintiffs, v. FORD MOTOR COMPANY et al., Defendants.

Supreme Court, Chautauqua County.

February 26, 2007.

Attorney(s) appearing for the Case

Allan M. Lewis, Emily Leach-Downing, Bradley J. Kuhlman and Mark J. Evans for Guy Capitano and another, plaintiffs.

John Loss for Guy Capitano II and others, plaintiffs.

Robert G. Scumaci, Paul F. Strain and John A. McCauley for Ford Motor Company, defendant.

Joseph W. Dunbar and John C. Canoni for Maremont Exhaust Products, Inc., and another, defendants.

Mary Q. Wydysh for AutoZone, Inc., defendant.

OPINION OF THE COURT

FREDERICK J. MARSHALL, J.

Adult plaintiffs, Guy Capitano and Linda Capitano, have moved to compel defendant Ford to produce certain documents known as "suspension orders." Plaintiffs contend that the requested documents are relevant because they may lead to the discovery of admissible evidence or, in the alternative, may show that Ford has intentionally or negligently allowed the destruction of certain relevant documents and may be subject...

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