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JOHNSON v. AYYUB

121 CA 13-00510

115 A.D.3d 1191 (2014)

982 N.Y.S.2d 615

2014 NY Slip Op 1861

PAULA J. JOHNSON, Individually and as Personal Representative of the Estate of RUSSELL E. JOHNSON, Deceased, Respondent, v. MOHAMMAD AYYUB, M.D., et al., Appellants, et al., Defendants.

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

Decided March 21, 2014.

Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered October 4, 2012. The order, among other things, denied the cross motion of defendants Mohammad Ayyub, M.D. and Wellsville Radiology, P.L.L.C. for dismissal or summary judgment, on the grounds of spoliation of evidence.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum...

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