Johnson v. NBO Realty, Inc.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Knipel, J.), dated April 17, 2014, which denied their motion to vacate an order of the same court (Schneier, J.H.O.) dated August 5, 2013, denying their motion pursuant to CPLR 3126 to impose sanctions upon the defendant for spoliation of evidence.

Ordered that the order dated April 17, 2014, is affirmed, with costs.

Under the common-law doctrine of spoliation, when a party either negligently loses or intentionally destroys key evidence, thus depriving an…