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HERNANDEZ v. CITY OF NEW YORK

43 A.D.3d 868 (2007)

841 N.Y.S.2d 376

JULIO HERNANDEZ, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided September 11, 2007.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the plaintiff's motion, inter alia, to strike the defendants' answer as a sanction for the alleged spoliation of evidence. The subject clothing was not destroyed or lost, and the plaintiff has not been deprived of evidence necessary to make out a prima facie case (see Denoyelles v Gallagher, 40 A.D.3d 1027 [2007]; Iannucci v Rose,

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