Seda v Epstein, 2010 NY Slip Op 02850 (1st Dept. 2010)
“There is no evidence that defendants’ removal of the debris was willful; indeed, the preliminary conference order merely stated that defendants were to make the premises available for inspection, and plaintiff did not [*2]schedule an inspection for more than two years (see e.g. Jimenez v Weiner, 8 AD3d 133 ). However, in view of defendants’ failure to notify plaintiff’s counsel of the intended removal, the court properly ordered the lesser sanction of an adverse inference charge (see e.g. Balaskonis v HRH Constr. Corp., 1 AD3d 120, 121 ).”
I am not sure when in no-fault practice this particular issue would arise. It is something to keep in mind if you are fighting a contested issue where substantive discovery has been ordered and the items you seek to discover suddenly “vanish”.