Bronx Supreme Court Decision of the Day: Willfully Discarding Critical Evidence Forces Judge To Strike Defendant's Answer
This ruling was selected and summarized by the New York Law Journal's decision editors.
August 09, 2023 at 09:30 AM
2 minute read
Plaintiff lived in an apartment building with an attached garage. Plaintiff, while retrieving his vehicle, allegedly tripped on a raised metal plate in the garage. The Plaintiff suffered injuries that required brain surgery.
The superintendent saw the injuries and attempted to help the Defendant. The superintendent then discarded the available surveillance footage and metal plate. Plaintiff sued Defendant for the injuries he suffered and subsequently moved for a motion to strike the defendant's answer due to the spoliation of critical evidence.
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