Failure to Comply With Conditional Discovery Order Justified Striking the Defendant’s Answer and Counterclaims

Failure to Comply With Conditional Discovery Order Justified Striking the Defendant’s Answer and Counterclaims

On December 4, 2024, the Second Department issued a decision in Patsiouras v. Koklanos, 2024 NY Slip Op. 06053, holding that failure to comply with a conditional discovery order justified striking a defendant’s answer and counterclaims . . . Continue reading Failure to Comply With Conditional Discovery Order Justified Striking the Defendant’s Answer and Counterclaims

Plaintiff Sanctioned for Deleting E-Mails on Day it Sent Litigation Demand Letter

Plaintiff Sanctioned for Deleting E-Mails on Day it Sent Litigation Demand Letter

On October 8, 2024, the First Department issued a decision in Coney Is. Auto Holdings, Corp. v. Parts Auth., LLC, 2024 NY Slip Op. 04900, affirming the imposition of spoliation sanctions on a plaintiff that deleted e-mails on the day it sent a litigation demand letter . . . Continue reading Plaintiff Sanctioned for Deleting E-Mails on Day it Sent Litigation Demand Letter