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MOHAMMED v. COMMAND SECURITY CORP.

3955, 20429/08.

83 A.D.3d 605 (2011)

921 N.Y.S.2d 252

ZALINA MOHAMMED, Appellant, v. COMMAND SECURITY CORP. et al., Respondents.

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

Decided April 28, 2011.

The Supreme Court properly denied plaintiff's eve-of-trial motion to strike the answer, which plaintiff sought, inter alia, as a sanction for an alleged spoliation of evidence. Plaintiff failed to make the requisite showing that defendants purposely lost or destroyed evidence, knowing that it was needed in order to establish plaintiff's cause of action (see Burch v New York City Hous. Auth., 72 A.D.3d 551 [2010]; Scordo v Costco...

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