Alvarez v 100-10 67th Rd. Condominium

Holding The Appellate Division modified the lower court’s order by substituting an adverse inference charge for the preclusion of the defendants’ liability defense. The court found that while the defendants were negligent in failing to preserve surveillance video, the harsher sanction of precluding their defense was an improvident exercise of discretion.

The court’s words

the court improvidently exercised its discretion in precluding the defendants from presenting any testimony, evidence, or defense as to their liability at trial

2026 NY Slip Op 05261, at the official text

the court should have directed that an adverse inference charge be given against the defendants at trial with respect to the video surveillance footage of the incident

2026 NY Slip Op 05261, at the official text

the defendants had an obligation to preserve the subject surveillance videos and were at least negligent in failing to preserve them

2026 NY Slip Op 05261, at the official text