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Gitlitz v. Latham Process Corp.

February 23, 1999

SHELDON GITLITZ, ET AL., PLAINTIFFS,
v.
LATHAM PROCESS CORP., DEFENDANT-RESPONDENT, AMERIAN TYPE FOUNDERS-WEBB DIVISION, ETC., ET AL., DEFENDANTS-APPELLANTS, WEBB DRY MAINTENANCE SERVICE, ET AL., DEFENDANTS. WHITE CONSOLIDATED INDUSTRIES, INC., ET AL., THIRD PARTY PLAINTIFFS-APPELLANTS,
v.
UNIVERSAL OFFSET CORP., THIRD PARTY DEFENDANT-RESPONDENT.



Rubin, J.p., Mazzarelli, Andrias, Saxe, JJ.

The opinion of the court was delivered by: Per Curiam Opinion

OPINION OF THE COURT

Order, Supreme Court, New York County (Alfred Toker, J.H.O.), entered September 30, 1998, which, in an action to recover for personal injuries sustained as a result of an allegedly defective product, denied defendants- appellants manufacturers' motion for summary judgment dismissing the answer and cross claims of respondents, unanimously affirmed, without costs. Appellants' contention that respondents' spoliation of evidence warrants dismissal of respondents' claims against them was properly rejected at this juncture. Appellants may well be able to obtain evidence necessary to prove an alteration from the original design, and otherwise establish their defense, from the inspection report and deposition of plaintiff's expert, who was given an opportunity to inspect the press before the action was commenced, and from their own blueprints and designs (cf., ...


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