OPPENHEIM v. MOJO-STUMER ASSOCIATES ARCHITECTS, P.C.

1924, 602408/06

69 A.D.3d 407 (2010)

892 N.Y.S.2d 91

2010 NY Slip Op 7

AVIVITH OPPENHEIM et al., Appellants-Respondents, v. MOJO-STUMER ASSOCIATES ARCHITECTS, P.C., Doing Business as MOJO-STUMER ASSOCIATES, P.C., et al., Respondents-Appellants, et al., Defendant.

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

Decided January 5, 2010.


Plaintiffs spoliated evidence central to their claim that renovations on their apartment, designed by Mojo-Stumer and to be performed by defendant Viscuso's general contracting firm (Vista), were not complete when they invited a new contractor to perform substantial additional work without first permitting defendants to verify the need for such additions, warranting a sanction (see 430 Park Ave. Co. v Bank of Montreal, 9 A.D.3d 320

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