FALCARO v. AMERICAN SKATING CENTERS, LLC

2017-08240. Index No. 66217/15.

167 A.D.3d 721 (2018)

90 N.Y.S.3d 95

2018 NY Slip Op 08469

Robert Falcaro, Respondent, v. American Skating Centers, LLC, et al., Appellants.

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

Decided December 12, 2018.


Ordered that the order is reversed, on the law, with costs, the defendants' motion for summary judgment dismissing the complaint is granted, and the plaintiff's motion to impose sanctions upon the defendants for spoliation of evidence is denied as academic.

The plaintiff commenced this action against American Skating Centers, LLC, American Skating Entertainment Centers, LLC, and Michael G. Floru (hereinafter collectively the defendants), to recover damages for personal...

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