Utica Mutual Insurance v. Berkoski Oil Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for injury to real property, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Cohalan, J.), dated June 22, 2007, which granted the separate motions of the defendant Berkoski Oil Company and the defendant Security Communications Audio Network Corporation, also known as S.C.A.N. Security, to dismiss the complaint pursuant to CPLR 3126 on the ground of spoliation of evidence.
Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provisions thereof granting the motions to dismiss the complaint…
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