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Posts Categorized: Spoliation

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 »