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HUEZO v. SILVERCREST

2009-05064

68 A.D.3d 820 (2009)

2009 NY Slip Op 9190

890 N.Y.S.2d 125

GEORGINA HUEZO et al., Respondents, v. SILVERCREST et al., Defendants, and SILVERCREST EXTENDED CARE FACILITY, Appellant.

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

Decided December 8, 2009.

Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and the plaintiffs' motion to strike the answer of the defendant Silvercrest Extended Care Facility is denied.

The Supreme Court improvidently exercised its discretion in granting the plaintiffs' motion to strike the appellant's answer based upon the loss or spoliation of evidence unless it produced certain...

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