Klein v. Seenauth

OPINION OF THE COURT

Martin E. Ritholtz, J.

At first glance, the instant motion pursuant to CPLR 3126 to dismiss plaintiffs’ complaint based on an alleged willful failure *215to produce the bicycle involved in the subject accident of June 14, 1995 for inspection and testing, and plaintiffs’ response that said bicycle had long been thrown out, would present a classical spoliation issue fact pattern. What complicates the matter is that over a year ago the movants herein previously moved to strike this action from the Trial Calendar, alleging that an inspection of the subject bicycle had not yet been…