FAIRCLOUGH v. HUGO

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.