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MORALES v. CITY OF NEW YORK

2013-06490

130 A.D.3d 792 (2015)

13 N.Y.S.3d 548

2015 NY Slip Op 06121

ROBERTO MORALES, Respondent, v. CITY OF NEW YORK et al., Appellants, and NASCO, Respondent, et al., Defendant.

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

Decided July 15, 2015.

Ordered that the order dated February 28, 2013, is modified, on the law and in the exercise of discretion, by deleting the provision thereof, upon renewal and reargument, granting the plaintiff's motion pursuant to CPLR 3126 to strike the answer of the defendants City of New York and New York City Police Department, made on the ground of spoliation of physical evidence, and substituting therefor a provision, upon renewal and reargument...

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