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VINCENT L. v. AKS 183RD ST. REALTY CORP.

8133/01, 12845, 12844.

118 A.D.3d 602 (2014)

988 N.Y.S.2d 623

2014 NY Slip Op 4691

VINCENT L., JR., an Infant by His Mother and Natural Guardian, CHANEL T., et al., Appellants-Respondents, v. AKS 183RD ST. REALTY CORP., Respondent, and 1211 WHEELER LLC, Respondent-Appellant.

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

Decided June 24, 2014.

During the pendency of a stay of this action, Wheeler sold the premises where the infant plaintiff was allegedly exposed to lead, and all the building records and tenant files were lost. We find that since the loss of these records deprived plaintiffs of the means of establishing their prima facie case, the extreme sanction of striking Wheeler's answer is warranted (see e.g. Gray v Jaeger, 17 A.D.3d 286...

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