EREMINA v. SCPARTA


120 A.D.3d 616 (2014)

991 N.Y.S.2d 438

2014 NY Slip Op 05834

LIUDMILA EREMINA et al., Appellants, v. GERARD V. SCPARTA et al., Respondents.

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

Decided August 20, 2014.


In an action to recover damages for personal injuries, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Schneier, JHO), dated May 10, 2013, as granted the motion of the defendants Gerard V. Scparta and Maureen E. Scparta, and that branch of the cross motion of the defendant Junko Funahashi, which were pursuant to CPLR 3126 to preclude the plaintiffs from introducing certain evidence at trial based on spoliation...

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