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ORTHOTEC, LLC v. HEALTHPOINTCAPITAL, LLC

10044N, 601377/08.

106 A.D.3d 472 (2013)

964 N.Y.S.2d 421

2013 NY Slip Op 3407

ORTHOTEC, LLC, Respondent, v. HEALTHPOINTCAPITAL, LLC, et al., Appellants, et al., Defendant.

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

Decided May 9, 2013.

The motion court properly denied defendants' motion to strike the cause of action for intentional interference with economic advantage as a sanction for spoliation since the spoliation did not deprive defendants of their ability to defend against the claim (see Suazo v Linden Plaza Assoc., L.P., 102 A.D.3d 570 [1st Dept 2013]; see also Melcher v Apollo Med. Fund Mgt. L.L.C., 105 A.D.3d 15

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