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HERNANDEZ v. PACE ELEVATOR INC.

69 A.D.3d 493 (2010)

894 N.Y.S.2d 382

2010 NY Slip Op 391

CHRISTINA HERNANDEZ, Appellant, v. PACE ELEVATOR INC., Respondent, et al., Defendant.

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

Decided January 21, 2010.

The IAS court providently exercised its discretion in denying plaintiff's request for spoliation sanctions. There is no evidence that Pace refused to obey an order for disclosure or that it wilfully failed to disclose the contract at issue and any records of five-year tests. There is also no evidence that Pace destroyed the missing documents. Indeed, Pace's president testified that it searched for the missing documents, but could...

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