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SPOILED TRUCKS & CARS CORP. v. C&N REALTY DEVELOPMENT LLC

22404/06, Motion Sequence No. 3.

2011 NY Slip Op 33291 (U)

SPOILED TRUCKS & CARS CORP. d/b/a BIG BOY TOYS, Plaintiff, v. C&N REALTY DEVELOPMENT LLC, et al., Defendants. ST. MARK'S CONSTRUCTION (USA) CORP., Third-Party Plaintiff, v. EURO CONTRACTING, LLC, Third-Party Defendant.

Supreme Court, Queens County.

Motion Date July 26, 2011.

HOWARD G. LANE Judge.

Upon the foregoing papers it is ordered that the motion by defendant/third-party defendant, Euro Contracting, LLC ("Euro") for an order dismissing all claims, cross claims, and third-party claims against defendant/third-party defendant Euro Contracting, LLC pursuant to the doctrine of spoliation and CPLR 3126, or in the alternative an order precluding plaintiff from offering evidence of physical or monetary damages at trial and cross motion by...

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