ORTIZ v. BAJWA DEVELOPMENT CORP.

2011-04801.

89 A.D.3d 999 (2011)

933 N.Y.S.2d 366

2011 NY Slip Op 8571

DORIS ORTIZ, Appellant, v. BAJWA DEVELOPMENT CORP., Defendant, and IMTIAZ DONUT CORP., Respondent.

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

Decided November 22, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, on the facts, and in the exercise of discretion, the plaintiff's motion is granted only to the extent of precluding the defendant Imtiaz Donut Corp. from offering any testimony at trial from its employees whose names and addresses were lost, and the plaintiff's motion is otherwise denied.

"Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys key...

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