SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
December 30, 2009
JOANNE M. DEGEORGE,
MATTHEW F. BAUMAN,
Appeal from an order of the Erie County Court (Michael L. D'Amico, J.), entered August 21, 2008.
PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, GREEN, AND GORSKI, JJ.
The order affirmed an order of the Buffalo City Court (Kevin J. Keane, J.), entered November 21, 2007, which had denied defendant's motion to dismiss the complaint due to plaintiff's spoilation of evidence. It is hereby ORDERED that said appeal is unanimously dismissed without costs (see Ellingsworth v City of Watertown, 113 AD2d 1013, 1014).
Patricia L. Morgan Clerk of the Court
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