Appellate Division of the Supreme Court of the State of New York October 4, 2017, 2015-08671 (Smith v. Cunningham)

Appeal and cross appeal from an order of the Supreme Court, Dutchess County (Peter M. Forman, J.), dated July 7, 2015. The order, insofar as appealed from, granted, in part, the plaintiff’s motion to impose sanctions upon the defendant for the defendant’s spoliation of physical evidence, and, insofar as cross-appealed from, denied the plaintiff’s motion in part.