DiDomenico v. C & S Aeromatik Supplies, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedmann, J.
The question on this appeal is whether summary judgment should be granted to the plaintiff Frank DiDomenico (referred to as the plaintiff throughout this opinion, as Mrs. DiDomenico’s claim is merely derivative), as well as to the codefendant CA Aromatics Co. (hereinafter CA) on its cross claims against the defendant United Parcel Service (hereinafter UPS), the *43plaintiffs employer. Summary relief is sought by these parties because the dilatory behavior of UPS in responding to the plaintiffs discovery demands resulted in the wholesale destruction of essentially…
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