Court Denies Summary Judgment to Inspectors Alleging Spoliation

RIVERHEAD, N.Y. - A New York trial court has denied summary judgment sought by home inspectors who contend that plaintiff homeowners failed to preserve evidence that would allow the inspectors to defend against professional negligence and malpractice claims. Dori, et ux. v. Rabco Engineering P.C., et al., No. 7719/2008 (N.Y. Sup. Ct., Nassau Cty.).

Nassau County (N.Y.) Supreme Court Justice Karen J . Murphy denied the motion by RABCO Engineering P.C. without prejudice in July 23, finding it premature given the state of discovery.

Ezra and Iris E. Dori allege in a complaint filed in April 2008 that RABCO and …