Dismissal "is usually not warranted unless the evidence is crucial, and the spoliator's conduct evinces some higher degree of culpability" (New York City Hous. Auth. v Pro Quest Sec., Inc., 108 A.D.3d 471, 473 [1st Dept 2013] [internal quotation marks omitted]). A motion court may, in its discretion, defer to a trial court a determination of "whether or what sanction to impose" (Butler v New York City Tr. Auth., 192 A.D.3d 623, 624 [1st Dept 2021]).
The Court is granted broad discretion in determining spoliation sanctions, but the sanction must reflect an appropriate balancing under the circumstances (Arbor Realty funding, LLC v Herrick Feinstein LLP, 140 A.D.3d 607 [1st Dept 2016]). A motion court, may, in its discretion, defer to a trial court a determination of "whether or what sanction to impose" (AIG Property Casualty Co. v ALTS Power Systems, 231 A.D.3d 591 [1st Dept 2024] quoting Butler v New York City Tr. Auth., 192 A.D.3d 623, 624 [1st Dept 2021]).