Defendant's motion to dismiss the complaint as a sanction for spoliation of evidence was properly denied. Plaintiff's subrogor, the landlord of the affected premises, acted in good faith and pursuant to orders of the Buildings Department, as well as defendant's written consent, in removing the remains of the fire from the subject apartment, after allowing defendant, the apartment's tenant at the time of the fire, unfettered access to the apartment for one month to view and...
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