Burch v. New York City Housing Authority

Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered August 20, 2009, which, in an action for personal injuries allegedly sustained in a slip and fall down a staircase in defendant’s building, denied plaintiffs motion to strike defendant’s answer, unanimously affirmed, without costs.

The motion court providently exercised its discretion in denying plaintiffs request for spoliation sanctions predicated on the loss of the personal handwritten notes of defendant’s employee. There is no evidence that defendant intentionally or negligently disposed of the notes with knowledge…