Goldsmith Motors Corp. v. Chemical Bank

In an action to recover damages for libel arising out of the wrongful dishonor of checks, the defendant appeals, as limited by its brief, from stated portions of an order of the Supreme Court, Queens County (LeVine, J.), dated June 28, 2004, which, inter alia, denied those branches of its cross motion which were to dismiss the complaint based on spoliation of evidence or, in the alternative, for summary judgment dismissing the complaint and denied, in effect, without prejudice to renewal before the trial court, that branch of its cross motion which was to preclude the plaintiff from calling…