YOU v. RAHMOUNI

NO. 508679/14, 2015-10536

147 A.D.3d 729 (2017)

46 N.Y.S.3d 211

2017 NY Slip Op 00631

GAOMING YOU et al., Appellants, v. MOHAMED HICHAM RAHMOUNI, Respondent.

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

Decided February 1, 2017.


In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Kings County (Schneier, J.H.O.), dated September 21, 2015, which granted the defendant's motion pursuant to CPLR 3126 to preclude the plaintiffs from introducing certain evidence at trial based on spoliation of evidence.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the defendant's motion pursuant to...

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