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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: September 25, 2015

Adverse Inference Sanction Upheld Where No Reasonable Explanation for Documents’ Nonproduction

On September 23, 2015, the Second Department issued a decision in Schiano v. Mijul, Inc., 2015 NY Slip Op. 06910, affirming an adverse inference discovery sanction because “the documents in question exist or existed and were under [the sanctioned party’s] control, and . . . there was no reasonable explanation for their nonproduction.” (Internal quotations omitted).

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