Mohammed v. Command Security Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered April 14, 2010, following a jury verdict in favor of defendants, dismissing the complaint, unanimously affirmed, without costs.
The Supreme Court properly denied plaintiff’s eve-of-trial motion to strike the answer, which plaintiff sought, inter alia, as a sanction for an alleged spoliation of evidence. Plaintiff failed to make the requisite showing that defendants purposely lost or destroyed evidence, knowing that it was needed in order to establish plaintiff’s cause of action (see Burch v New York City Hous. Auth., 72…
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