Scherer v. Golub Corp.

*1287Plaintiff and her husband, derivatively, commenced this negligence action to recover for the injuries she sustained as a result of the fall. Following the completion of discovery, defendants moved for summary judgment dismissing the complaint and plaintiffs cross-moved for, among other things, an adverse inference charge with respect to certain videotape evidence that defendants allegedly failed to produce. Finding the absence of any issues of material fact with regard to liability, Supreme Court granted defendants’ motion and denied plaintiffs’ cross motion. Plaintiffs appeal.

A defendant who…