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UMS SOLUTIONS, INC. v. BIOSOUND ESAOTE, INC.

2012-11153, Index No. 11590/10.

145 A.D.3d 831 (2016)

2016 NY Slip Op 08391

44 N.Y.S.3d 93

UMS SOLUTIONS, INC., Doing Business as UNIVERSAL ULTRASOUND, et al., Appellants, v. BIOSOUND ESAOTE, INC., et al., Defendants, and VETEL DIAGNOSTICS, INC., Respondent.

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

Decided December 14, 2016.

Ordered that the order is affirmed insofar as appealed from, with costs.

In August 2010, the plaintiffs commenced this action, inter alia, to recover damages for breach of contract against, among others, the defendants Jeff Fishel, Michael Collins, and Vetel Diagnostics, Inc. (hereinafter collectively the defendants). In March 2011, the Supreme Court held a hearing regarding the plaintiffs' alleged spoliation of evidence. At the hearing, Ryan Hunter Hill, an employee...

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