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STRONG v. CITY OF NEW YORK

9983NA, 110470/09, 104168/10

112 A.D.3d 15 (2013)

973 N.Y.S.2d 152

2013 NY Slip Op 6655

KEVIN STRONG, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendant. MIGUEL CARRASQUILLO et al., Appellants, v. CITY OF NEW YORK et al., Respondents, et al., Defendant.

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

Decided October 15, 2013.

Attorney(s) appearing for the Case

Warren J. Willinger , Mount Kisco, for appellants.

Michael A. Cardozo , Corporation Counsel, New York City ( Mordecai Newman and Larry A. Sonnenshein of counsel), for respondents.

MAZZARELLI, J.P., ANDRIAS, MANZANET-DANIELS and GISCHE, JJ., concur.

OPINION OF THE COURT

SAXE, J.

This appeal requires us to decide whether spoliation sanctions were merited for the failure of defendant City to take steps to prevent the automatic destruction of a recorded radio run that could have either confirmed or called into question its asserted "emergency operation" affirmative defense under Vehicle and Traffic Law §§ 114-b, 1103 and 1104. To decide whether this failure constituted spoliation, we must determine...

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