Appellate Division of the Supreme Court of the State of New York June 14, 2004, Appeal No. 1 (Simet v. Coleman Co.)

Appeals and cross appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered January 13, 2003. The order, inter alia, granted those parts of the motions of defendants Nationwide Mutual Insurance Company, David E. Lehman, and Linda Lehman to dismiss the respective causes of action alleging spoliation against them.