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Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
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New York State Spoliation Law — Negligence Suffices for Case-Ending Sanction If Prejudice Is Severe Enough

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Jamindar v. Uniondale Union Free School Dist., 90 A.D.3d 610, 933 N.Y.S.2d 735 (2d Dep’t 2011):

"When a party negligently loses or intentionally destroys key evidence, thereby depriving the non-responsible party from being able to prove its claim or defense, the responsible party may be sanctioned by the striking of its pleading" (Utica Mut. Ins. Co. v Berkoski Oil Co., 58 AD3d 717, 718, 872 N.Y.S.2d 166 [internal quotation marks omitted]). However, "[w]here the evidence lost is not central to the case or its destruction is not prejudicial, a lesser sanction, or no sanction, may be appropriate" (Klein v Ford Motor Co., 303 AD2d 376, 377, 756 N.Y.S.2d 271; see E.W. Howell Co., Inc. v S.A.F. La Sala Corp., 36 AD3d 653, 654-655, 828 N.Y.S.2d 212). A sanction for spoliation of evidence may be warranted even if the evidence was destroyed before the spoliator became a party to the subject lawsuit, provided it was on notice that the evidence might be needed for future litigation (see Baglio v St. John's Queens Hosp., 303 AD2d 341, 755 N.Y.S.2d 427). The Supreme Court is empowered with "broad discretion in determining the appropriate sanction for spoliation of evidence" (Utica Mut. Ins. Co. v Berkoski Oil Co., 58 AD3d at 718 [internal quotation marks omitted]; see Barahona v Trustees of Columbia Univ. in City of N.Y., 16 AD3d 445, 446, 792 N.Y.S.2d 113).

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New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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