Iannucci v. Rose
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*438In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (DeMaro, J.), entered April 22, 2003, which denied his motion to strike the defendants’ answer due to spoliation of evidence and for summary judgment on the issue of liability.
Ordered that the order is affirmed, with costs.
The court has broad discretion in determining what, if any, sanction should be imposed for spoliation of evidence (see Allstate Ins. Co. v Kearns, 309 AD2d 776 [2003]). It may, under appropriate circumstances, impose a sanction “even if the…
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