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CASTRO v. 510 W. 188TH ST. ASSOC., LLC

Index No. 36251/17. Appeal No. 13037. Case No. 2020-00938.

191 A.D.3d 423 (2021)

137 N.Y.S.3d 709

2021 NY Slip Op 00619

Yesenia Castro, Respondent, v. 510 West 188th Street Associates, LLC, Appellant.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Farber Brocks & Zane L.L.P., Garden City ( Lester Lee Chanin of counsel), for appellant.

Trolman Glaser Corley & Lichtman, P.C., New York ( Michael A. Madonna of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Shulman, JJ.

Supreme Court providently exercised its discretion in imposing a sanction of an adverse inference charge against defendant at trial with respect to the deleted video footage (see Dunn v New Lounge 4324, LLC, 180 A.D.3d 510 [1st Dept 2020]; Strong v City of New York, 112 A.D.3d 15, 22-24 [1st Dept 2013]). Plaintiff demonstrated that defendant had an obligation to preserve...

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