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Daily Archives: Tuesday, August 29, 2017

Posted: August 29, 2017

Court Grants Adverse Inference Sanction for Failure Adequately to Preserve Evidence

On August 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Brook v. Peconic Bay Medical Center, 2017 NY Slip Op. 31728(U), granting an adverse inference sanction for failure adequately to preserve evidence, explaining: A party that seeks sanctions for spoliation of evidence must show that the party having… Read more »