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DAYAL v. COINMACH INDUSTRIES CO.

284 A.D.2d 206 (2001)

727 N.Y.S.2d 412

NONADAI DAYAL, Appellant, v. COINMACH INDUSTRIES CO. et al., Respondents, and GENERAL ELECTRIC COMPANY, Appellant.

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

Decided June 19, 2001.

Both motions are based on respondents' failure to preserve the subject washing machine. Within days of the accident, plaintiff brought a pre-action CPLR 3102 (c) application and obtained a temporary restraining order prohibiting respondents from removing or disassembling the machine. Plaintiff and respondents then entered into a so-ordered stipulation providing, inter alia, for plaintiff's inspection of the machine within three weeks of the accident and for the termination...

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