Peters v. Peters

Order, Supreme Court, New York County (Saliann Scarpulla, J.), entered August 7, 2015, which, to the extent appealed from, denied plaintiffs motion to strike defendants’ answers pursuant to CPLR 3126 and for spoliation, unanimously affirmed, with costs.

The motion court providently exercised its discretion in denying the motion to strike defendants’ answers (see generally Estate of Mojica v Harlem Riv. Park Houses, Inc., 140 AD3d 579 [1st Dept 2016]). Plaintiff failed to show by clear and convincing evidence that defendants’ alleged misstatements were particularly egregious and characterized…