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ARIAS v. MSC EXPRESS INC.

1547N, 304499/11.

140 A.D.3d 584 (2016)

33 N.Y.S.3d 695

2016 NY Slip Op 05037

TOMAS ARIAS, Respondent, v. MSC EXPRESS INC. et al., Appellants.

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

Decided June 23, 2016.

The motion court providently exercised its discretion in denying the motion, since plaintiff did not violate any order (see CPLR 3126), and did not intentionally or negligently dispose of crucial items of evidence (Baldwin v Gerard Ave., LLC, 58 A.D.3d 484, 485 [1st Dept 2009]). Plaintiff's refusal to appear at an independent medical examination (IME) before his back surgery did not constitute spoliation of evidence regarding...

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