BERGER v. NYCO PLUMBING & HEATING CORP.

2013-05501, Index No. 32941/06.

127 A.D.3d 676 (2015)

7 N.Y.S.3d 204

2015 NY Slip Op 02716

JONATHAN BERGER, Appellant, v. NYCO PLUMBING & HEATING CORP., Respondent.

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

Decided April 1, 2015.


In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Rothenberg, J.), dated April 2, 2013, as granted that branch of the defendant's motion which was pursuant to CPLR 3126 to strike the complaint on the ground of spoliation of evidence to the extent of precluding the plaintiff from offering evidence at trial regarding the condition of a certain coal chute cover and...

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