EDP Hospital Computer System, Inc. v. Bronx-Lebanon Hospital Center
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 an oral agreement, the defendant appeals from an order of the Supreme Court, Queens County (Weiss, J.), dated June 30, 2008, which denied its motion for summary judgment dismissing the amended complaint, or, in the alternative, to renew its prior motion for summary judgment dismissing the amended complaint, and to dismiss the amended complaint, in effect, pursuant to CPLR 3126, and on the ground of spoliation of evidence.
Ordered that the order is modified, on the law, by deleting the *666provision thereof denying that branch of the…
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