Fairclough v. Hugo

Full title: LOIS FAIRCLOUGH et al., Appellants, v. NORMAN HUGO et al., Respondents, et…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 20, 1994

207 A.D.2d 707 (N.Y. App. Div. 1994)

616 N.Y.S.2d 944

Opinion

September 20, 1994

Appeal from the Supreme Court, New York County (Joan B. Lobis, J.).

Under the facts of this case, we agree with the IAS Court that the plaintiffs have failed to establish that the alleged failure to preserve evidence would make it extremely difficult or impossible for the plaintiffs to establish their claim for malpractice (see, Pharr v. Cortese, 147 Misc.2d 1078).

Concur — Murphy, P.J., Wallach, Kupferman and Asch, JJ.