Chan v. Cheung

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered January 13, 2015, which denied plaintiffs’ motion for spoliation sanctions and defendant’s cross motion to strike the complaint for spoliation of evidence, unanimously modified, on the law and the facts, to grant plaintiffs’ motion to the extent of directing that defendant’s answer be stricken, and otherwise affirmed, without costs.

In this defamation action, plaintiffs allege that, on or about July 9, 2009, defendant published a defamatory affidavit via an email. Upon receipt of correspondence, dated July 13, 2009,…