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NATIONWIDE MUTUAL FIRE INSURANCE COMPANY v. MORGAN FUEL & HEATING CO., INC.

2010-11510, 2011-07103.

98 A.D.3d 570 (2012)

949 N.Y.S.2d 469

2012 NY Slip Op 5916

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, as Subrogee of James Iaquinto, Respondent, v. MORGAN FUEL & HEATING CO., INC., Doing Business as BOTTINI FUEL, Defendant/Third-Party Plaintiff-Appellant. JAMES IAQUINTO, Third-Party Defendant-Respondent.

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

Decided August 8, 2012.

Ordered that the appeals from so much of the order dated October 22, 2010, as denied those branches of the defendant/third-party plaintiff's motion which were for the imposition of sanctions against the plaintiff and the third-party defendant based on spoliation of evidence, and so much of the order dated June 6, 2011, as denied that branch of the defendant/third-party plaintiff's motion which was for summary judgment on its third...

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