HUGHES v. COVEY

2014-01822

131 A.D.3d 581 (2015)

15 N.Y.S.3d 195

2015 NY Slip Op 06574

MICHAEL G. HUGHES et al., Respondents, v. STEPHEN H. COVEY et al., Appellants, et al., Defendant.

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

Decided August 19, 2015.


Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof granting that branch of the plaintiffs' motion which was to strike the answers of the defendants Stephen H. Covey and South Shore Heart Associates, P.C., on the ground of spoliation of evidence, and substituting therefor a provision granting that branch of the motion only to the extent of directing that an adverse inference charge be given against the defendants...

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