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MANGIARACINA v. CITY OF NEW YORK

55 A.D.3d 569 (2008)

864 N.Y.S.2d 320

THOMAS MANGIARACINA, Respondent, v. CITY OF NEW YORK et al., Respondents, and GENERAL MOTORS, INC., Appellant, et al., Defendant.

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

October 7, 2008.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The Supreme Court providently exercised its discretion in denying that branch of the motion of the defendant General Motors, Inc. (hereinafter GM), which was to dismiss the complaint insofar as asserted against it based on the spoliation of evidence. GM failed to prove that the plaintiff negligently or intentionally destroyed crucial...

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