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FIREMAN'S FUND INSURANCE COMPANY v. SWEENEY & HARKIN CARPENTRY & DRY WALL CORPORATION

2009-05720.

78 A.D.3d 650 (2010)

909 N.Y.S.2d 919

FIREMAN'S FUND INSURANCE COMPANY, as Subrogee of Garden Place Trust, Respondent, v. SWEENEY & HARKIN CARPENTRY & DRY WALL CORPORATION, Appellant. (And a Third-Party Action.)

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

Decided November 3, 2010.

Ordered that the order is affirmed, with costs.

"[W]hen a party negligently loses or intentionally destroys key evidence," the determination of sanctions for spoliation of evidence is within the sound discretion of the trial court (Barahona v Trustees of Columbia Univ. in City of N.Y., 16 A.D.3d 445, 446 [2005] [internal quotation marks omitted]; see Gotto v Eusebe-Carter, 69 A.D.3d 566<...

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