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EVERS v. MACY'S NORTHEAST, INC.

295 A.D.2d 312 (2002)

743 N.Y.S.2d 875

DOLORES EVERS, Appellant, v. MACY'S NORTHEAST, INC., Respondents.

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

Decided June 3, 2002.

Ordered that the order is affirmed, with costs.

The sanction imposed by the Supreme Court constituted a provident exercise of its discretion. The plaintiff failed to show that the defendants acted intentionally or in bad faith in discarding evidence, or that she was prejudiced by the destruction of the evidence. Under these circumstances, striking the defendants' answers would have been inappropriate (see Knightner v Custom Window & Door Prods.,

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