What is the test for sanctions against defendants in a civil case where there is no evidence that video footage claimed as despoiled was ever recorded?

The Southern District of New York determined a plaintiff was not entitled to sanctions where there was no evidence that video footage claimed as despoiled was ever recorded. See Sachs v. Cantell, 2012 WL 3822220 at *8 (S.D.N.Y. Sept. 4, 2012). The plaintiff argued defendants "were once in possession of a video surveillance tape," and asserted that, "if produced, the tape would have corroborated her version of the events." Id. In support of her assertion that the tape existed, the plaintiff submitted "a handwritten note by police at the scene that there was 'video available'" and an unsworn statement indicating a video camera was pointed at a vestibule where some of the underlying

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