SCHIMICCI v. DERMPATH, INC.


49 A.D.3d 626 (2008)

852 N.Y.S.2d 779

JEANNE SCHIMICCI, Appellant, v. DERMPATH, INC., et al., Respondents. (And a Third-Party Action.)

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

Decided March 11, 2008.


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

Contrary to the plaintiff's contention, the Supreme Court providently exercised its discretion in granting that branch of the defendants' cross motion which was pursuant to CPLR 3126 to strike the complaint on the ground of spoliation of evidence based on the plaintiff's negligent failure to preserve key pieces of evidence which, in light of the nature of the claims asserted, were crucial to...

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