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ADAIR v. CITY OF NEW YORK

290 A.D.2d 261 (2002)

735 N.Y.S.2d 765

PAUL ADAIR et al., Appellants, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 10, 2002.

Defendant's apparent destruction of the necessary documentary evidence relevant to the issue of whether defendant City had notice of the roadway defect was not willful, contumacious or undertaken in bad faith. We agree with the motion court that defendant's consequential failure to comply with discovery directives, therefore, does not warrant the severe sanction of striking the answer (Frye v City of New York, 228 A.D.2d 182;

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