Abe v. New York University

Order, Supreme Court, New York County (Manuel J. Mendez, J.), entered March 26, 2015, which denied plaintiff’s motion for, inter alia, spoliation sanctions and for discovery, unanimously affirmed, without costs.

The motion court did not abuse its discretion in finding that plaintiff failed to make a showing of entitlement to spoliation sanctions (see Mohammed v Command Sec. Corp., 83 AD3d 605 [1st Dept 2011], lv denied 17 NY3d 708 [2011]; see also Shapiro v Boulevard Hous. Corp., 70 AD3d 474, 476 [1st Dept 2010]). The computer drive that was erased was a back-up of a drive that remained…