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HOFFMAN v. MEDICAL DEPOT, INC.

2015-10674, Index No. 5866/14.

142 A.D.3d 641 (2016)

36 N.Y.S.3d 825

ALLEN HOFFMAN et al., Appellants, v. MEDICAL DEPOT, INC., Defendant, and ALL PRO MEDICAL SUPPLIES, INC., Respondent.

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

Decided August 24, 2016.

Ordered that the order is affirmed, with costs.

"The determination of the appropriate sanction for spoliation is within the broad discretion of the court" (Morales v City of New York, 130 A.D.3d 792, 794 [2015]; see Samaroo v Bogopa Serv. Corp., 106 A.D.3d 713, 714 [2013]; Utica Mut. Ins. Co. v Berkoski Oil Co., 58 A.D.3d 717, 718 [2009...

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