Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, and the motion is denied.
The Supreme Court improvidently exercised its discretion in imposing a sanction of preclusion based on the alleged spoliation of evidence because the plaintiff did not establish that the defendant intentionally or negligently failed to preserve crucial evidence after being placed on notice that the evidence might be needed for future litigation ( see Goll v. American Broadcasting Cos., Inc., 10 AD3d 672, 673; Andretta v. Lenahan, 303 AD2d 527, 528).