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BURCH v. NEW YORK CITY HOUS. AUTH.

2618N, 105835/07

72 A.D.3d 551 (2010)

898 N.Y.S.2d 842

WINIFRED BURCH, Appellant, v. NEW YORK CITY HOUSING AUTHORITY, Respondent.

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

Decided April 22, 2010.

The motion court providently exercised its discretion in denying plaintiff's request for spoliation sanctions predicated on the loss of the personal handwritten notes of defendant's employee. There is no evidence that defendant intentionally or negligently disposed of the notes with knowledge of their evidentiary value to plaintiff or plaintiff's claimed need for them (see Diaz v Rose, 40 A.D.3d 429 [2007]; Herbert v City...

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