IAMICELI v. GENERAL MOTORS CORPORATION


51 A.D.3d 635 (2008)

856 N.Y.S.2d 681

WAYNE IAMICELI, Appellant, v. GENERAL MOTORS CORPORATION, Respondent, et al., Defendant.

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

Decided May 6, 2008.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and that branch of the motion of the defendant General Motors Corporation which was pursuant to CPLR 3126 to preclude the plaintiff, on the ground of spoliation of evidence, from introducing evidence in support of his strict products liability claim is denied.

The determination of spoliation sanctions is within the broad discretion of the court (see Denoyelles v Gallagher...

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