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ZAYTSEV v. ZELMAN

2009-02853.

73 A.D.3d 909 (2010)

901 N.Y.S.2d 653

VLADIMIR ZAYTSEV, as Administrator of the Estate of YELENA ZAYTSEVA, Deceased, Appellant, v. ALLEN B. ZELMAN, M.D., et al., Respondents.

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

Decided May 11, 2010.

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting that branch of the defendants' motion which was to sanction the plaintiff for spoliation of evidence by precluding him from offering any evidence at the time of trial with respect to missing radiologic and sonographic films taken on May 13, 2004, and June 10, 2004, and substituting therefor a provision granting...

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