Appellate Division, Second Department · October 28, 2026 · 2026 NY Slip Op 06284
Gharti v 33 Plaza, LLC
Read the official decision: 2026 NY Slip Op 06284
Holding The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to strike the defendant’s answer for spoliation of evidence. The court found that the plaintiff failed to establish that the defendant intentionally or negligently destroyed key evidence, such as insurance reports or surveillance footage, or that the loss of such evidence deprived the plaintiff of the ability to prove his claim.
The court’s words
the plaintiff failed to establish that the defendant intentionally or negligently failed to preserve the purported insurance reports
2026 NY Slip Op 06284, at the official text
the plaintiff failed to establish that spoliation sanctions were warranted as to the purported surveillance video footage
2026 NY Slip Op 06284, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | October 28, 2026 |
| Citation | 2026 NY Slip Op 06284 |
| Area of law | Civil Procedure |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06284 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1563 |
Recommended citation
ESQ HQ, New York Law Watch, Gharti v 33 Plaza, LLC, 2026 NY Slip Op 06284 (Appellate Division, Second Department, October 28, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06284/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works