DEDUSHAJ v. 3175-77 VILLA AVENUE HOUSING DEVELOPMENT FUND CORPORATION

16543N, 300779/09

135 A.D.3d 421 (2016)

21 N.Y.S.3d 883

2016 NY Slip Op 00024

NAIM DEDUSHAJ, Respondent, v. 3175-77 VILLA AVENUE HOUSING DEVELOPMENT FUND CORPORATION et al., Appellants.

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

Decided January 5, 2016.


The record shows that defendants failed to comply with a conditional preclusion order directing them to produce an appropriate search affidavit. The affidavit defendants provided did not explain what efforts, if any, were made to preserve the requested documents, nor did it indicate whether the documents were routinely destroyed (see Jackson v City of New York, 185 A.D.2d 768, 770 [1st Dept 1992]). However, the sanction of precluding...

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