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SQUILLACIOTI v. INDEPENDENT GROUP HOME LIVING PROGRAM, INC.

2017-10890. Index No. 69998/14.

167 A.D.3d 673 (2018)

90 N.Y.S.3d 51

2018 NY Slip Op 08343

Barbara Squillacioti et al., Appellants, v. Independent Group Home Living Program, Inc., et al., Respondents.

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

Decided December 5, 2018.

Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, and the plaintiffs' motion pursuant to CPLR 3126 to impose sanctions against the defendants for spoliation of evidence is granted to the extent of directing that an adverse inference charge be given at trial against the defendants with respect to the personnel file of Rosa Escajadillo, and is otherwise denied.

The plaintiffs...

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