EKSARKO v. ASSOCIATED SUPERMARKET

2016-09489, Index No. 9988/13.

155 A.D.3d 826 (2017)

63 N.Y.S.3d 723

2017 NY Slip Op 07975

SOFIA EKSARKO, Appellant, v. ASSOCIATED SUPERMARKET, Defendant, and ME-ME SUPERMARKET, INC., Respondent.

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

Decided November 15, 2017.


Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, with costs, the motion of the defendant Me-Me Supermarket, Inc., for summary judgment dismissing the complaint insofar as asserted against it is denied, the plaintiff's cross motion pursuant to CPLR 3126 to impose sanctions against the defendant Me-Me Supermarket, Inc., for spoliation of evidence is granted to the extent of directing that an adverse inference charge be given at...

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