Case Type
Holdover-Breach of Lease
Housing Type
HDFC
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
LT-057803-16/NY
Slip Opinion Number
2026 NY Slip Op 51183(U)
Petitioner
352-54 W. 48th St. Hous. Dev. Fund Corp.
Respondent
Claribelle Tineo, Sophia Montalvan, Jane Doe
Judge
Blinova, Yekaterina
Decision/Order Date
2026-07-27
Posture
Post-Answer Motion by Landlord
Disposition
Motion Granted for Tenant
Winner
Tenant Substantially Won
Synopsis
In this HDFC holdover for nonprimary residence and illegal sublet, court granted respondent's motion for spoliation sanctions under CPLR § 3126, finding petitioner's duty to preserve building security camera footage arose when the notice to cure was served in October 2015. Court declined drastic sanctions but precluded petitioner from introducing any testimony about the destroyed footage or any surviving footage (which had been selectively preserved), finding ordinary negligence sufficient to trigger spoliation sanctions.
Keywords
Sanctions – CPLR § 3126 – Spoliation Of Evidence – Spoliation Sanctions – Security Camera Footage Overwritten – Negligent Actions May Constitute Spoliation
Recommended Citation
"352-54 W. 48th St. Hous. Dev. Fund Corp. v. Tineo" (2026). All Decisions. 2373.
https://ir.lawnet.fordham.edu/housing_court_all/2373
