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PETERS v. HERNANDEZ

2015-08018, Index No. 27927/10.

142 A.D.3d 980 (2016)

37 N.Y.S.3d 443

GLENN PETERS, Respondent, v. VICTOR O. HERNANDEZ et al., Defendants, and MDC TAVERN CORP., Doing Business as CAROUSEL, et al., Appellants.

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

Decided September 14, 2016.

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike the answer of the defendants MDC Tavern Corp., doing business as Carousel, Mark E. Carney, Dennis Charette, and Gregory Robert Walsh on the ground of spoliation of evidence, and substituting therefor a provision granting that branch of the plaintiff's motion to the extent...

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