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KUGEL v. CITY OF NEW YORK

60 A.D.3d 403 (2009)

873 N.Y.S.2d 630

DONALD KUGEL, Respondent, v. CITY OF NEW YORK et al., Defendants, and A. JETTA TOWING, Appellant.

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

Decided March 3, 2009.

While a party's pleading may be struck as a sanction for the intentional destruction of key evidence (see Amaris v Sharp Elecs. Corp., 304 A.D.2d 457 [2003], lv denied 1 N.Y.3d 507 [2004]), the documents destroyed by defendant, allegedly because its president believed the corporation had been dissolved, did not constitute key evidence warranting such a harsh sanction. Where the destroyed evidence is not crucial to the proof...

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