Cohen v. Jordan Services, Inc.

Mar 18, 2008
Versions:49 A.D.3d 680
852 N.Y.2d 851

The plaintiff failed to conclusively establish that the evidence was willfully destroyed or discarded in order to frustrate her interests. Accordingly, the extreme sanction of preclusion is not warranted (see Vaughn v City of New York, 201 AD2d 556, 558 [1994]).

In view of our determination, we do not reach the parties’ remaining contentions. Skelos, J.P., Fisher, Covello and Eng, JJ., concur.