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VAN DeVEERDONK v. NORTH WESTCHESTER RESTORATIVE THERAPY & NURSING CTR.

2019-12718, Index No. 67462/16.

2024 NY Slip Op 00180

DEBRA VAN DeVEERDONK, ETC., ET AL., Appellants, v. NORTH WESTCHESTER RESTORATIVE THERAPY AND NURSING CENTER, ET AL., Respondents.

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

Decided January 17, 2024.

Attorney(s) appearing for the Case

Parker Waichman LLP, Port Washington, NY ( Jay L. T. Breakstone and Stephanie L. Bross of counsel), for appellants.

Furey, Furey, Leverage & Darlington, P.C. ( Kenya S. Hargrove of counsel), for respondents.

Before: Mark C. Dillon, J.P., Cheryl E. Chambers, Linda Christopher, Barry E. Warhit, JJ.

DECISION & ORDER

In an action, inter alia, to recover damages for negligence and violation of Public Health Law § 2801-d, the plaintiffs appeal from an order of the Supreme Court, Westchester County (John P. Colangelo, J.), dated October 10, 2019. The order denied the plaintiffs' motion pursuant to CPLR 3126 to impose sanctions against the defendants for spoliation of evidence, and granted the defendants' motion for summary judgment dismissing the complaint...

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