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Posts Categorized: Spoliation

Posted: October 5, 2017

Destroyed Evidence Presumed Relevant When it is Intentionally Deleted

On October 5, 2017, the First Department issued a decision in Zacharius v. Kensington Publishing Corp., 2017 NY Slip Op. 06995, holding that evidence is presumed to be relevant when it is intentionally destroyed, explaining: Spoliation sanctions were providently granted. The record demonstrated that plaintiff was in control of her own email account; was aware,… Read more »

Posted: July 12, 2016

Dismissing Complaint Warranted Only if Spoliated Evidence Was Sole Means of Establishing Defense

On June 28, 2016, the First Department issued a decision in Arbor Realty Funding, LLC v. Herrick, Feinstein LLP, 2016 NY Slip Op. 05065, reversing a decision dismissing a complaint as a sanction for spoliation of evidence, explaining: In or about June 2014, [the defendant] filed a motion seeking dismissal of the complaint as a… Read more »

Posted: November 13, 2013

Court Invokes “Inherent Powers” To Order Sanctions For Negligent Spoliation Of Evidence

In Rodgers v. Rose Party Functions Corp., No. 10 CV 4780 (E.D.N.Y. Nov. 12, 2013), Chief Magistrate Judge Steven Gold granted the plaintiff an adverse inference as a sanction for the defendant’s negligent failure to preserve a key piece of evidence.  Plaintiff Tiffani Rodgers was injured when she slipped on a flight of stairs on… Read more »