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GONZALEZ v. CITY OF NEW YORK

39 A.D.3d 367 (2007)

832 N.Y.S.2d 436

KATHLEEN GONZALEZ, an Infant, by Her Mother and Natural Guardian, RITA PORTO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided April 19, 2007.

In this personal injury action, the court properly exercised its discretion in declining to strike defendants' answer where plaintiff failed to establish that defendants had willfully or contumaciously destroyed records in an effort to frustrate discovery (see Rosen v Corvalon, 309 A.D.2d 723 [2003]), or that the missing records constituted crucial evidence without which she would be unable to establish a prima facie case (see...

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