Supreme Court providently exercised its discretion in denying plaintiffs' motion to strike defendants' answer as a spoliation sanction. Although defendant Leonardo Soriano readily admitted that he disposed of the plastic covering that allegedly caused plaintiff Lisa Vasquez's fall, plaintiffs may prove their case with the photographs of the condition, which, according to Lisa Vasquez and plaintiffs' counsel, accurately depict the condition at the time of her accident (
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VASQUEZ v. SORIANO
10108-304037/09, 10109N.
106 A.D.3d 545 (2013)
965 N.Y.S.2d 121
2013 NY Slip Op 3576
LISA VASQUEZ et al., Appellants, v. LEONARDO SORIANO et al., Respondents.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided May 16, 2013.
Decided May 16, 2013.
Appellate Division of the Supreme Court of New York, First Department.
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