Klein v. Ford Motor Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries based upon product liability, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Whelan, J.), dated August 15, 2002, which granted the defendant’s motion to dismiss the complaint pursuant to CPLR 3126 and due to spoliation of evidence.
Ordered that the order is reversed, on the law, with costs, and the motion is denied, without prejudice to the defendant moving for the imposition of a lesser sanction at trial, upon a showing of genuine prejudice.
The plaintiff allegedly sustained serious injuries when, as a *377result of…
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