FACTS

On October $26,2009,$ a truck owned by Delmur, Inc. was allegedly damaged when it was struck by a truck owned by School Construction Authority $($SCA$).$ Delmur filed suit against SCA to recover for property damage. On August $31,2011,$ SCA served Delmur with a demand for inspection of the truck as well as a demand to preserve evidence, including providing the current location of the truck. Despite repeated demands by SCA to inspect the truck, Delmur did not permit inspection. In $2014,$ SCA made a specific demand for disclosure of the current location of the truck and the opportunity to inspect, appraise, and photograph the truck. There were some assurances that the truck was still in storage in Brooklyn, but Delmur lawyers did not cooperate with allowing for the requested inspection.

Just before trial, the lawyer for Delmur disclosed to the court on March $3,2016,$ that Delmur had ceased its operations. As a result, the owner of the yard where the truck had been stored had "seized and disposed"