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LEEVSON v. BAY CONDOS, LLC

2008-08663.

67 A.D.3d 972 (2009)

888 N.Y.S.2d 775

2009 NY Slip Op 08789

VICTORIA LEEVSON et al., Appellants, v. BAY CONDOS, LLC, et al., Defendants, and WALGREEN EASTERN CO., INC., Respondent.

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

Decided November 24, 2009.

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

The Supreme Court properly denied the plaintiffs' motion to strike the answer of the defendant Walgreen Eastern Co., Inc. (hereinafter Walgreen), based on its spoliation of evidence and for summary judgment on the issue of liability insofar as asserted against Walgreen (see CPLR 3126; Mylonas v Town of Brookhaven, 305...

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