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ROSADO v. EDMUNDO CASTILLO INC.

603214/04, 3405, 3404.

148 A.D.3d 498 (2017)

2017 NY Slip Op 01829

50 N.Y.S.3d 42

WILFREDO ROSADO, Individually and Derivatively as a Shareholder on Behalf of CASTILLO ROSADO, INC., et al., Appellants, v. EDMUNDO CASTILLO INC. et al., Respondents, et al., Defendants.

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

Decided March 15, 2017.

The court providently exercised its discretion in refusing to draw an adverse inference against defendants for failing to produce certain documents (see Mathis v New York Health Club, 288 A.D.2d 56, 57 [1st Dept 2001], lv denied 98 N.Y.2d 610 [2002]). To the extent plaintiff seeks to raise spoliation and CPLR 3126 on his current appeal, these issues have twice been decided against him (see Rosado v Edmundo Castillo Inc...

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