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GOGOS v. MODELL'S SPORTING

Nos. 103697/07, 3550N.

87 A.D.3d 248 (2011)

926 N.Y.S.2d 53

ELISSAVET GOGOS et al., Respondents, v. MODELL'S SPORTING GOODS, INC., Appellant.

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

Decided June 23, 2011.

Attorney(s) appearing for the Case

Baker Greenspan & Bernstein, Bellmore ( Lisa M. Browne of counsel), for appellant.

Steven C. Rauchberg, P.C., New York City ( Steven C. Rauchberg of counsel), for respondents.

ACOSTA, RENWICK and FREEDMAN, JJ., concur with TOM, J.P.; McGUIRE, J., dissents in a separate opinion.

OPINION OF THE COURT

TOM, J.P.

The issue raised on this appeal is whether Supreme Court appropriately directed a negative inference charge be given against defendant at trial, for alleged spoliation of evidence, under the circumstances of this case.

The complaint alleges that, on September 16, 2006, Elissavet Gogos fell on the second floor of defendant's store due to a slippery condition on the tile floor...

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