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MARIE LILAVOIS ap, v. JP MORGAN CHASE AND COMPANY res

MARIE LILAVOIS ap, v. JP MORGAN CHASE AND COMPANY res — (INDEX NO. 600613/11)Appeal from an order of the Supreme Court, Nassau County (Arthur M. Diamond, J.), entered June 8, 2015. The order, insofar as appealed from, granted that branch of the plaintiffs' cross motion which was to strike the answer of the defendant JP Morgan Chase and Company on the ground of spoliation of evidence only to the extent of directing that an adverse inference charge be given against that defendant at trial with respect to surveillance video of the underlying incident if the jury does not credit testimony of that defendant's witness that no surveillance video existed for the subject location.

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MARIE LILAVOIS ap, v. JP MORGAN CHASE AND COMPANY res — (INDEX NO. 600613/11)Appeal from an order of the Supreme Court, Nassau County (Arthur M. Diamond, J.), entered June 8, 2015. The order, insofar as appealed from, granted that branch of the plaintiffs’ cross motion which was to strike the answer of the defendant JP Morgan Chase and Company on the ground of spoliation of evidence only to the extent of directing that an adverse inference charge be given against that defendant at trial with respect to surveillance video of the underlying incident if the jury does not credit testimony of that defendant’s witness that no surveillance video existed for the subject location.

ORDERED that the order is affirmed insofar as appealed from, with costs.

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