Justice Thomas Feinman
Lentini moved to strike Weschler's answer and affirmative defenses for his spoliation of a walkway after being served a notice to permit entry to inspect same. She also sought summary judgment on liability. Lentini sued for personal injuries incurred on the walkway at or abutting the subject premises. She claimed she fell as a result of walkway bricks collapsing at Weschler's premises, alleging negligence. Defense counsel noted the walkway was removed and only sand remained. Lentini sought to inspect the walkway before Weschler poured cement over the sand, but defendant poured the concrete walkway. The court stated removal of the brick walkway deprived Lentini the opportunity to prove her claim as the walkway, which was crucial evidence, was destroyed. Further, Lentini was denied the chance for an expert to inspect the walkway and present its condition to the jury for evaluation. The court ruled the destruction of the walkway, coupled with the pouring of the cement over the sand once the walkway was removed, deprived Lentini of establishing her claim by destroying crucial evidence. Hence, the spoliation sanction of striking Weschler's answer and affirmative defenses was warranted and Lentini was granted summary judgment on the issue of liability.
