Plaintiff was the victim of a home invasion of his apartment in a building owned and operated by defendants. Defendants' motion to dismiss is denied, and plaintiff's cross-motion is granted to the extent that it sought a negative inference charge as a result of defendants' spoliation of the building's surveillance footage. The fact that, in response to a subpoena, defendants provided a copy of the video to the New York City Police Department, which did not retain all the footage, did not obviate defendants' responsibility to preserve the evidence.
Cabrera-Perez v. Promesa Hous. Dev. Fund Corp., NY Slip Op 01338 (1st Dep't March 14, 2024)
