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Zuniga v. TJX Cos. Inc.

Court Rules Sanctions of Striking Pleading, Precluding Affirmative Defense Unwarranted

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Decision and Order

*1This action arises from a slip and fall accident that occurred on October 6, 2012, inside the TJ Maxx Store, located at 136-05 20th Avenue, Queens, New York, which resulted in injuries sustained by plaintiff Gloria Zuniga. Presently before the Court is plaintiff’s motion to strike defendants’ answer or preclude defendants from offering evidence on the grounds that defendant failed to produce a surveillance video depicting the subject accident as well as a handwritten incident report prepared by the store manager at the time of the accident. In the alternative, plaintiff requests that this Court schedule a spoliation hearing. Plaintiff also seeks to extend the note of issue deadline until the spoliation issue is resolved. In support of her motion, plaintiff relies on the deposition testimony of defendants’ store manager, Natasha Jacobs, who testified that the subject store was equipped with surveillance video throughout the store. Plaintiff’s counsel further claims that he was not aware of a handwritten incident report prepared by Ms. Jacobs until her deposition. Ms. Jacobs testified that she generated a handwritten incident report in connection with plaintiff’s accident. According to Ms. Jacobs, the report was kept in a binder in her office for the retention period which she believed was at least one year. Plaintiff further states that Ms. Jacobs testified that she

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