34-35th Corp. v. 1-10 Industry Associates
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 breach of a lease, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Barasch, J.), dated July 16, 2002, as granted that branch of the defendant’s motion which was to dismiss the third cause of action alleging fraud as a sanction for its spoliation of evidence.
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiffs spoliation of the tape recordings of its meeting with the defendant’s representatives did not warrant dismissal of the plaintiffs third cause of…
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