Perez v. New York City Transit Authority

*530Order, Supreme Court, New York County (Harold B. Beeler, J.), entered on or about April 1, 2009, which denied plaintiffs motion to strike the answer, sanctioned defendant Transit Authority in the amount of $2,500, and directed that a negative inference be given at trial with regard to documents that were destroyed, unanimously modified, on the facts, to increase the sanction to $7,500, and otherwise affirmed, without costs.

The drastic sanction of striking a pleading is inappropriate without a showing that failure to comply with disclosure obligations was wilful, contumacious or in bad faith…