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Gitlitz v. Latham Process Corp.

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 1999
258 A.D.2d 391 (N.Y. App. Div. 1999)

Opinion

February 23, 1999

Appeal from the Supreme Court, New York County (Alfred Toker, J.H.O.).


Appellants' contention that respondents' spoliation of evidence warrants dismissal of respondents' claims against them was properly rejected at this juncture. Appellants may well be able to obtain evidence necessary to prove an alteration from the original design, and otherwise establish their defense, from the inspection report and deposition of plaintiff's expert, who was given an opportunity to inspect the press before the action was commenced, and from their own blueprints and designs ( cf., Kirkland v. New York City Hous. Auth., 236 A.D.2d 170, 175; compare, Squitieri v. City of New York, 248 A.D.2d 201, 203-204). In addition, this motion was made 15 months after the note of issue and statement of readiness were filed.

Concur — Rubin, J. P., Mazzarelli, Andrias and Saxe, JJ.


Summaries of

Gitlitz v. Latham Process Corp.

Appellate Division of the Supreme Court of New York, First Department
Feb 23, 1999
258 A.D.2d 391 (N.Y. App. Div. 1999)
Case details for

Gitlitz v. Latham Process Corp.

Case Details

Full title:SHELDON GITLITZ et al., Plaintiffs, v. LATHAM PROCESS CORP., Respondent…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 23, 1999

Citations

258 A.D.2d 391 (N.Y. App. Div. 1999)
683 N.Y.S.2d 851

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