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March 05, 2006


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. :)



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

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