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FRANCO BELLI PLUMBING & HEATING & SONS, INC. v. DIMINO

2016-04935, 2016-06225. Index No. 10280/12.

164 A.D.3d 1309 (2018)

84 N.Y.S.3d 195

2018 NY Slip Op 06083

Franco Belli Plumbing and Heating and Sons, Inc., Respondent, v. Charles A. Dimino et al., Appellants.

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

Decided September 19, 2018.

Ordered that the order dated March 2, 2016, is reversed, on the law, on the facts, and in the exercise of discretion, the defendants' motion for summary judgment dismissing the complaint is granted, and the plaintiff's cross motion pursuant to CPLR 3126 to impose sanctions on the defendants for spoliation of evidence is denied; and it is further,

Ordered that the appeal from the order dated May 25, 2016, is dismissed as academic, in light of our determination on the...

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