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Category: Spoliation

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Failure of an expert to comply with the subpoena

December 21, 2015 No Comments

Herman v Moore, 2015 NY Slip Op 09352 (1st Dept. 2015) “Finally, while Dr. Elkin did not, as plaintiff suggests, testify that she “destroyed” her notes,

Unintentional spoliation leads to adverse inference charge

April 6, 2010 No Comments

Seda v Epstein, 2010 NY Slip Op 02850 (1st Dept. 2010) “There is no evidence that defendants’ removal of the debris was willful; indeed, the preliminary

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