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March 05, 2006

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Damin J. Toell, Esq.

A decision published today, related only in that Justice Schneier of the Supreme Court, Kings County found spoilation and also exercised CPLR 3116(a)'s bar against EBT transcript changes made more than sixty (60) days after submission for examination. See, Kelley v Empire Roller Skating Rink, Inc., 2006 NY Slip Op 50287(U): http://www.courts.state.ny.us/reporter/3dseries/2006/2006_50287.htm

Enjoy. :)

Damin

Matt

Thank you, Damin for calling attention to the Kelley case.

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