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LANE v. FISHER PARK LANE CO.

276 A.D.2d 136 (2000)

718 N.Y.S.2d 276

KESHA LANE, Respondent, v. FISHER PARK LANE CO. et al., Appellants.

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

November 30, 2000.

Attorney(s) appearing for the Case

Evan David Lieberman of counsel, Garden City (Brand & Brand, attorneys), for respondent.

Carol R. Finocchio and Lawrence B. Goodman of counsel, New York City (Caulfield Law Office, attorneys), for Fisher Park Lane Co. and another, appellants.

Michelle S. Russo of counsel, Baldwin (Gregory E. Brower on the brief; Chesney & Murphy, L. L. P., attorneys), for Union Bank of Switzerland, appellant.

ROSENBERGER, WILLIAMS, ELLERIN and BUCKLEY, JJ., concur.

OPINION OF THE COURT

SULLIVAN, P. J.

At issue on this appeal is whether the trial court erred in imposing sanctions against defendants for spoliation of evidence before considering whether, quite apart from the disposed-of evidence, defendants were entitled to summary judgment and a dismissal of the complaint as a matter of law.

Plaintiff was employed as a secretary/word processor by Madamoiselle [sic...

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