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Spoliation of Evidence.

Plaintiff was injured in a fall from a chair.  Plaintiff’s notice of claim specifically requested preservation of the chair.  The defendant failed to preserve it.  Plaintiff testified the chair was not broken. In reversing summary judgment granted to the defendant, the First Department determined that an expert could have found a latent defect in the chair if it had been preserved.  Therefore the defendant was sanctioned by the preclusion of any testimony about the condition of the chair and an adverse inference charge to the jury at trial.  Gilchrist v City of New York, 8804, 103400/08, First Dept. 3-7-13

 

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