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AMARIS v. SHARP ELECTRONICS CORPORATION

304 A.D.2d 457 (2003)

758 N.Y.S.2d 637

MIGUEL AMARIS, Appellant, v. SHARP ELECTRONICS CORPORATION, Respondent.

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

Decided April 22, 2003.

In view of the loss of key evidence that defendant never had an opportunity to examine, the court properly granted summary judgment as a sanction for spoliation (see Mudge, Rose, Guthrie, Alexander & Ferdon v Penguin A.C. Corp., 221 A.D.2d 243 [1995]). Plaintiff made no showing that defendant was on notice that he intended to commence litigation until one year following the accident. Although he was aware the television that...

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