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REEPS v. BMW OF NORTH AMERICA, LLC

Nos. 7299, 100725/08.

94 A.D.3d 475 (2012)

941 N.Y.S.2d 597

2012 NY Slip Op 2584

SEAN REEPS, an Infant by his Father, GUY REEPS, Respondent, v. BMW OF NORTH AMERICA, LLC, et al., Appellants.

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

Decided April 5, 2012.

Plaintiff alleges that he was injured in utero as a result of his mother's inhalation of gasoline fumes in a BMW automobile with a defective, i.e., split, fuel hose. Defendants contend that plaintiff's parents' failure to preserve the vehicle warrants dismissal of the complaint. However, they failed to demonstrate that the parents disposed of the vehicle with knowledge of its potential evidentiary value (see Shapiro v Boulevard Hous. Corp., 70 A.D...

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