MAHIQUES v. COUNTY OF NIAGARA

106 CA 15-01168.

137 A.D.3d 1649 (2016)

28 N.Y.S.3d 171

2016 NY Slip Op 02190

FRANK J. MAHIQUES et al., Respondents, v. COUNTY OF NIAGARA et al., Defendants, and IGT, Appellant.

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

Decided March 25, 2016.


It is hereby ordered that the revised final judgment so appealed from is unanimously vacated, the order entered July 10, 2012 is vacated and the order entered March 22, 2012 is modified on the law by vacating the sanctions imposed, the answer of defendant IGT is reinstated, and plaintiffs are granted an adverse inference charge against defendant IGT as a sanction for the spoliation of evidence, and as modified the order is affirmed without costs in accordance with the following...

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