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SPOLIATION SPOILED

oath_nyc_office_administrative_trials_banner_nyreblog_com_.jpgPractice and Procedure

Application for sanctions for non-production of e-mails denied.

A landlord sought sanction against the Commission on Human Rights for the destruction of evidence by an architect used by the Commission as an expert witness, and the architectural firm that employed him. In the course of discovery the firm stated that it was unable to produce certain email transmissions that had been deleted by the architect, along with other working files, when he left their employ.

Comm'n on Human Rights ex rel. Politis v. Marine Terrace Assocs. (in PDF) , OATH Index Nos. 1673/11 & 1674/11, mem. dec. (Nov. 25, 2011).

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