Aponte v. Clove Lakes Health Care & Rehabilitation Center, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Troia, J.), dated July 27, 2016, which denied their motion to strike the defendant’s answer on the ground of spoliation of evidence and, thereupon, for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
“A party that seeks sanctions for spoliation of evidence must show that the party having control over the evidence possessed an obligation to preserve it at the time of its destruction, that the evidence was destroyed…
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