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ISLAR v. NEW YORK CITY BOARD OF EDUCATION

64 A.D.3d 405 (2009)

882 N.Y.S.2d 110

PATRICK D. ISLAR et al., Appellants, v. NEW YORK CITY BOARD OF EDUCATION et al., Respondents.

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

Decided July 2, 2009.

The court exercised its discretion in a provident manner in imposing a lesser sanction than that requested (see Kugel v City of New York, 60 A.D.3d 403 [2009]). The record indicates that the missing witness statements from defendants' internal investigation of the alleged sexual assault of infant plaintiff were not crucial to the prosecution of plaintiffs' claims, inasmuch as each of the witnesses was available for deposition, and...

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