RIVERA-IRBY v. CITY OF NEW YORK

2181, 15242/05

71 A.D.3d 482 (2010)

896 N.Y.S.2d 337

LOURDES RIVERA-IRBY et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

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

Decided March 11, 2010.


Sanctions for spoliation were unwarranted. Since the parks supervisor who discarded his notebook after conducting inspections of the steps where the alleged accident occurred testified that he was unaware of the accident and he did not state when he discarded the notebook sought by plaintiffs, there is no evidence that he improperly did so with knowledge of a pending or imminent lawsuit (see Bach v City of New York, 33 A.D.3d 544

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