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CORDERO v. MIRECLE CAB CORP.

51 A.D.3d 707 (2008)

858 N.Y.S.2d 717

YANEL CORDERO et al., Appellants, v. MIRECLE CAB CORP. et al., Respondents.

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

Decided May 13, 2008.

Ordered that the appeal from the order dated January 5, 2007, is dismissed; and it is further,

Ordered that the order dated November 2, 2006, is reversed insofar as appealed from, on the facts and in the exercise of discretion, and that branch of the motion of the defendant Mirecle Cab Corp. which was, in effect, pursuant to CPLR 3126 to preclude the plaintiffs from offering certain evidence at trial based on spoliation of evidence is denied; and it is further,

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