Vasquez v. Soriano

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 12, 2011, which denied plaintiffs’ motion to strike defendants’ answer or, alternatively, for summary judgment on the issue of liability, and order, same court and Justice, entered on or about July 12, 2011, which denied plaintiffs’ motion for a special preference, unanimously affirmed, without costs.

Supreme Court providently exercised its discretion in denying plaintiffs’ motion to strike defendants’ answer as a spoliation sanction. Although defendant Leonardo Soriano readily admitted that he disposed of the plastic…