Gogos v. Modell's Sporting Goods, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Tom, J.P
The issue raised on this appeal is whether Supreme Court appropriately directed a negative inference charge be given against *250defendant at trial, for alleged spoliation of evidence, under the circumstances of this case.
The complaint alleges that, on September 16, 2006, Elissavet Gogos fell on the second floor of defendant’s store due to a slippery condition on the tile floor located near a row of four cash registers. Upon defendant’s failure to respond to plaintiffs’ December 10, 2007 demand for copies of all relevant surveillance videos (CPLR 3101 [i]), plaintiffs…
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