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Mandes v. Lee12/26/2000
Argued-October 31, 2000
3882B
DECISION & ORDER
In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated October 19, 1999, which denied his motion for summary judgment dismissing the complaint.
ORDERED that the order is affirmed, with costs.
The defendant's motion for summary judgment dismissing the complaint based on the plaintiff's alleged spoliation of evidence was properly denied (see, Ahmad v Babylon Ford, Inc., AD2d [2d Dept., Oct. 10, 2000]; McKain v Metropolitan Transp. Auth., AD2d [2d Dept., July 24, 2000]; DiDomenico v C & S Aeromatick Supplies, 252 AD2d 41).
The defendant's remaining contentions are without merit.
RITTER, J.P., ALTMAN, H. MILLER and SMITH, JJ., concur.
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