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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47165 Justice Ling-Cohan PLAINTIFF NEW York city firefighter sued for injuries received in May 1994 when he fell from a chair that collapsed while at work. He sought to strike the city’s answer due to spoliation of evidence, contending that the city’s law department lost two exemplar chairs – one blue, the other gray – after the Sept. 11, 2001 attacks forced the law department from its offices. The city, which located the blue chair, asserted that the loss of the gray chair was neither intentional nor negligent. The court held that sanctions were not warranted because the lost gray chair was not “key” evidence. The court observed that plaintiff’s expert, who had twice examined both chairs, is available to testify as to his findings and opinions. Noting the city’s ability to produce the blue chair at trial, the court found that plaintiff failed to demonstrate how he would be prejudiced by the loss of the gray chair or that its loss would prevent him from proving his prima facie case.

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