Positive Influence Fashions, Inc. v. Seneca Insurance

*797Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered March 13, 2007, which, to the extent appealed from as limited by the briefs, denied so much of defendant’s motion as sought summary judgment dismissing the complaint or striking of the complaint on ground of spoliation of evidence, unanimously affirmed, with costs.

Defendant did not sustain its burden of showing that plaintiff insured’s alleged misrepresentations Were, in fact, willful and intentional (see Kyong Nam Chang v General Acc. Ins. Co. of Am., 193 AD2d 521 [1993]). There is a question of fact at least as to…