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BENSON v. PORT AUTH. OF N.Y. & N.J.

Index No. 103044/10. Appeal No. 12376N-12376NA. Case No. 2019-4607.

188 A.D.3d 481 (2020)

132 N.Y.S.3d 281

2020 NY Slip Op 06445

James Benson et al, Appellants, v. Port Authority of New York and New Jersey et al., Respondents.

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

Decided November 12, 2020.

The court providently exercised its discretion in denying plaintiffs' motion to strike the answers, as there was no showing that defendants' failure to provide the requested video footage was willful, contumacious or in bad faith (see Parkinson v Fedex Corp., 184 A.D.3d 433 [1st Dept 2020]). Indeed, the video footage was never in defendants' "possession, custody or control" (CPLR 3120[1][i]). On this record, there is no basis for sanctions.

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