Civil Procedure · MBE-tested
Dawn Walczak, as Parent and Natural Guardian of A.J.W., Plaintiff, v. Corto Brothers, II, Inc., Individually and Doing Business as Corto's Salon, et al., Defendants and Third-Party Plaintiffs-Respondents. Wella Corporation, Third-Party Defendant-Appellant
45 A.D.3d 1360845 N.Y.S.2d 210·New York Supreme Court, Appellate Division·2007·NY
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Opinion
Dawn Walczak, as Parent and Natural Guardian of A.J.W., Plaintiff, v Corto Brothers, II, Inc., Individually and Doing Business as Corto's Salon, et al., Defendants and Third-Party Plaintiffs-Respondents. Wella Corporation, Third-Party Defendant-Appellant.
[845 NYS2d 210]
[MAJORITY]
Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered December 15, 2006. The order, insofar as appealed from, denied in part third-party defendant’s motion for the imposition of spoliation sanctions and for summary judgment.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.P., Smith, Centra, Lunn and Peradotto, JJ. [See 13 Misc 3d 1241(A), 2006 NY Slip Op 52204(D) (2006).]