Maiorano v. JPMorgan Chase & Co.

124 A.D.3d 536, 998 N.Y.S.2d 629

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 26, 2015
• Docket: 14044N 304752/11
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Laura G. Douglas, J), entered July 9, 2013, which, to the extent appealed from as limited by the briefs, granted plaintiffs motion for sanctions for spoliation of a surveillance video recording, unanimously affirmed, without costs.

Plaintiff established that defendant’s failure to take affirmative steps to preserve the surveillance video recorded on the day she tripped and fell in its bank constituted spoliation of evidence (see Maloufv Equinox Holdings, Inc., 113 AD3d 422 [1st Dept 2014]). The record demonstrates that, although this action was not commenced until more than a year after the accident, defendant was on notice on the day of the accident that the surveillance video footage might be needed for future litigation.

Concur — Tom, J.E, Acosta, Saxe, Moskowitz and Feinman, JJ.