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INDEPENDENT TEMPERATURE CONTROL SERVS., INC. v. WDF, INC.

2013-05147, Index No. 2107/11.

121 A.D.3d 944 (2014)

995 N.Y.S.2d 533

2014 NY Slip Op 07124

INDEPENDENT TEMPERATURE CONTROL SERVICES, INC., Plaintiff, v. WDF, INC., et al., Appellants, and M.A. ANGELIADES, INC., Respondent, et al., Defendants.

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

Decided October 22, 2014.

In an action, inter alia, to recover damages for breach of contract, the defendants WDF, Inc., and Fidelity and Deposit Company of Maryland appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated March 6, 2013, as denied that branch of their motion which was for sanctions against the defendant M.A. Angeliades, Inc., for spoliation of evidence.

Ordered that the order is affirmed insofar as appealed from, with...

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