Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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March 1, 2024 Court Rejects Claim Of Impossibility Regarding Preservation of Evidence
On January 18, 2024, Justice Andrea Masley granted sanctions against defendant Charter Communications Operating, LLC (“Charter”) for spoliation of evidence. The decision in Earthlink, LLC v. Charter Communications Operating, LLC, Index No. 654332/2020, rejected Charter’s claim that preserving recordings of millions of calls over several months was impossible. The Court explained: Read More
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 Cor… Read More
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, Fe… Read More