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VERIZON N.Y., INC. v. CONSOLIDATED EDISON CO. OF N.Y., INC.

54 A.D.3d 599 (2008)

864 N.Y.S.2d 4

VERIZON NEW YORK, INC., Respondent, v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Appellant.

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

September 16, 2008.

Defendant moved to dismiss the complaint on the ground of spoliation after plaintiff stated in its bill of particulars and discovery responses that it was "no longer in possession of the damaged cables." In opposition to the motion, plaintiff stated that the damaged cables were actually left buried in the ground and could be inspected by defendant at plaintiff's manhole. The motion court adjourned the motion for such inspection, but was advised when the parties returned that...

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