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PHILADELPHIA INDEMNITY INSURANCE COMPANY v. ADDISON PHS CORP.

Index No. 157533/21. Appeal No. 645. Case No. 2022-05316.

219 A.D.3d 1258 (2023)

196 N.Y.S.3d 441

2023 NY Slip Op 04830

Philadelphia Indemnity Insurance Company, as Subrogee of 220 Fifth Avenue, LLC, Respondent, v. Addison PHS Corp., Individually and Doing Business as Addison Plumbing, et al., Appellants, et al., Defendant.

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

Decided September 28, 2023.

Attorney(s) appearing for the Case

Lewis Brisbois Bisgaard & Smith LLP, New York ( Kristen Carroll of counsel), for appellants.

Coffey Law PLLC, Albany ( Daniel W. Coffey of counsel), for respondent.

Concur—Webber, J.P., Friedman, González, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, New York County (David B. Cohen, J.), entered on or about November 21, 2022, which, to the extent appealed from as limited by the briefs, denied defendants Addison PHS Corp., individually and doing business as Addison Plumbing, and Addison Plumbing LLC's (collectively Addison) motion to dismiss the complaint as a sanction for spoliation of evidence, unanimously affirmed, without costs.

The subject premises is owned by 220 Fifth Avenue LLC and...

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