Ingoglia v. Barnes & Noble College Booksellers, Inc.
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 defamation, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Spinola, J.), entered July 31, 2006, as denied its motion to dismiss the complaint pursuant to CPLR 3126 based upon spoliation of evidence.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion to dismiss the complaint is granted.
Although actions should be resolved on the merits whenever possible (see Gillen v Utica First Ins. Co., 41 AD3d 647 [2007]; Cruzatti v St. Mary’s Hosp.,…
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