Cohen v. Jordan Services, Inc. — 49 A.D.3d 680

Majority

p. 680

Diane Mackie Cohen, Respondent, v Jordan Services, Inc., et al., Appellants, et al., Defendant.

[852 NYS2d 851]

p. 681

The plaintiff failed to conclusively establish that the evidence was willfully destroyed or discarded in order to frustrate her interests. Accordingly, the extreme sanction of preclusion is not warranted (see Vaughn v City of New York, 201 AD2d 556 , 558 [1994]).

In view of our determination, we do not reach the parties’ remaining contentions. Skelos, J.P., Fisher, Covello and Eng, JJ., concur.

Cases cited

Vaughn v. City of New York 201 AD2d 556 N.Y. App. Div. 1994-02-14 at 558 p. 681