That branch of Potamkin's motion seeking dismissal of the complaint for spoliation of evidence was properly denied where, notwithstanding plaintiff's diligence in commencing an action within two weeks of the accident, the co-defendant driver disposed of the offending vehicle before Potamkin had an opportunity to inspect the same. Plaintiff, who was prejudiced along with Potamkin by the vehicle's disposal, was in no way responsible for the complained of spoliation (see...
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