Maiorano v. JPMorgan Chase & Co.

Order, Supreme Court, Bronx County (Laura G. Douglas, J), entered July 9, 2013, which, to the extent appealed from as limited by the briefs, granted plaintiffs motion for sanctions for spoliation of a surveillance video recording, unanimously affirmed, without costs.

Plaintiff established that defendant’s failure to take affirmative steps to preserve the surveillance video recorded on the day she tripped and fell in its bank constituted spoliation of evidence (see Maloufv Equinox Holdings, Inc., 113 AD3d 422 [1st Dept 2014]). The record demonstrates that, although this action was not commenced…