Arbor Realty Funding, LLC v. Herrick, Feinstein LLP
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Carol R. Edmead, J.), entered April 17, 2015, which, to the extent appealed from as limited by the briefs, granted defendant’s motion for leave to renew its motion for spoliation sanctions, and upon renewal, dismissed the complaint, and denied plaintiff’s cross motion for attorneys’ fees and costs, unanimously modified, on the law, the facts, and in the exercise of discretion, to the extent of, upon renewal, adhering to the court’s original determination awarding defendant an adverse inference charge at trial as to the spoliated evidence, awarding…
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