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ANDRETTA v. LENAHAN

303 A.D.2d 527 (2003)

756 N.Y.S.2d 454

TRACY ANDRETTA, Appellant, v. JO-ANN G. LENAHAN, Respondent.

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

Decided March 17, 2003.

Ordered that the judgment is affirmed, with costs.

The Supreme Court providently exercised its discretion in declining to impose a sanction against the defendant for alleged spoliation of evidence. There was no showing that the defendant willfully or negligently disposed of any key physical evidence after being placed on notice that it might be needed for future litigation (cf. DiDomenico v C & S Aeromatik Supplies...

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