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MINAYA v. DUANE READE INTERNATIONAL, INC.

1071, 105182/06.

66 A.D.3d 402 (2009)

886 N.Y.S.2d 154

2009 NY Slip Op 6767

JOSE MINAYA, Respondent, v. DUANE READE INTERNATIONAL, INC., Appellant.

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

Decided October 1, 2009.

In sanctioning defendant for failing to preserve critical evidence, the motion court appropriately exercised its "broad discretion to provide . . . relief to the party deprived of the lost evidence" (Ortega v City of New York, 9 N.Y.3d 69, 76 [2007]). Defendant failed to preserve a video recording that may have shown the stairway before and during plaintiff's accident. The unavailability...

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