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SANTOS v. POLANCO

21 A.D.3d 397 (2005)

799 N.Y.S.2d 776

VALDEMIRIAN DE LOS SANTOS et al., Appellants, v. ANIBAL POLANCO et al., Respondents, et al., Defendant.

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

August 8, 2005.

Ordered that the order is affirmed, with costs.

The Supreme Court has broad discretion in determining the appropriate sanction for spoliation of evidence (see Allstate Ins. Co. v. Kearns, 309 A.D.2d 776 [2003]). Because striking a pleading is a drastic sanction to impose in the absence of willful or contumacious conduct, the prejudice that results from the spoliation must...

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