Baglio v. St. John's Queens Hospital
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (LaTorella, J.), dated October 31, 2001, as denied that branch *342of their motion which was to strike the answer of the defendant St. John’s Queens Hospital based on spoliation of evidence.
Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, and that branch of the motion which was to strike the answer of the defendant St. John’s Queens Hospital based on spoliation…
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