U.S. Bank National Ass'n v. Greenpoint Mortgage Funding, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Acosta, J.
This case requires us to determine which party is to incur the cost of searching for, retrieving and producing both electronically stored information and physical documents that have been requested as part of the discovery process. Consistent with this Court’s recent decision in VOOM HD Holdings LLC v EchoStar Satellite L.L.C. (93 AD3d 33 [2012]), which adopted the standards articulated by Zubulake v UBS Warburg LLC (220 FRD 212 [SD NY 2003]) in the context of preservation and spoliation, we are persuaded that Zubulake should be the rule in this Department,…
2Cases cited9 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- VOOM HD Holdings LLC v. EchoStar Satellite L.L.C.Appellate Division of the Supreme Court of the State of New York · 2012
- Wiseman v. American Motors Sales Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- Tener v. CremerAppellate Division of the Supreme Court of the State of New York · 2011
- Clarendon National Insurance v. Atlantic Risk Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
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- Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp.Appellate Division of the Supreme Court of the State of New York · 2025
- MBIA Insurance v. Credit Suisse SecuritiesAppellate Division of the Supreme Court of the State of New York · 2013
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