MENDEZ v. LA GUACATALA, INC.

2011-05505.

95 A.D.3d 1084 (2012)

944 N.Y.S.2d 313

2012 NY Slip Op 3815

TOMMY B. MENDEZ, Respondent, v. LA GUACATALA, INC., Doing Business as EL ABUELO GOZON, et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided May 15, 2012.


Ordered that the order is reversed, on the law and in the exercise of discretion, without costs or disbursements, that branch of the plaintiff's motion which was to strike the answer of the defendants La Guacatala, Inc., doing business as El Abuelo Gozon, Ivan Duque, and Luis Laverde on the ground of spoliation of evidence is granted only to the extent of directing that a negative inference charge shall be issued at trial against those defendants with respect to a video surveillance...

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