White Fleischner & Fino, LLP, New York (Jennifer L. Coviello of counsel), for appellant.
Ruta, Soulios & Stratis LLP, New York (Joseph A. Ruta of counsel), for respondent.
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 plaintiff's 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 Malouf v. Equinox Holdings, Inc., 113 A.D.3d 422, 978 N.Y.S.2d 160 [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.
TOM, J.P., ACOSTA, SAXE, MOSKOWITZ, FEINMAN, JJ., concur.