• Court denies summary judgment to building owner based on spoliation of video evidence.
  • March 1, 2018
  • Haibi v. 790 Riverside Drive Owners, Inc., 2017 NY Slip Op 08102 (1st Dep’t 2017)

    The Appellate Division, First Department affirmed denial of summary judgment to a building owner in a trip and fall case based on allegedly inadequate lighting. The plaintiff died after the accident, but his accident was caught on tape, which was reviewed by the building owner. However, it was not retained, despite the plaintiff’s granddaughter’s request to retain it. The court denied summary judgment to the owner based, in part, on the adverse inference charge it granted for not preserving the tape, although the court noted that an adverse inference charge should not be the sole reason for denying an otherwise valid summary judgment motion. Practitioners should be cognizant of the effect of spoliation of video evidence and its impact on summary judgment motions after this decision.