Zacharius v. Kensington Publishing Corp.

Order, Supreme Court, New York County (Eileen Bransten, J.), entered September 3, 2015, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for spoliation sanctions to the extent of directing plaintiff to pay the attorneys’ fees and costs incurred by defendants in reviewing plaintiff’s Yahoo account and in preparing the motion, unanimously affirmed, with costs.

Spoliation sanctions were providently granted. The record demonstrated that plaintiff was in control of her own email account; was aware, as an attorney, of her obligation to preserve it at the time…