New York, New York (August 16, 2018) — After the Law Offices of David Yerushalmi won a discovery sanction for an adverse inference resulting from the reckless destruction of email evidence (ESI or Electronically Stored Information) by the behemoth real estate brokerage company Douglas Elliman, a ruling upheld on appeal, and following the New York Supreme Court's ruling that opened the door for Yerushalmi's client to file a motion for summary judgment predicated upon the adverse inference, Douglas Elliman immediately entered into a settlement to dismiss its lawsuit against this firm's client, with zero payment.
Discovery sanctions against major corporate litigants for the wilfull or reckless or grossly negligent destruction of evidence are rare and the adverse inference effectively ended the litigation.
Those interested may read the opinion here.
The Law Offices of David Yerushami, P.C. is a boutique litigation firm, established in 1984, with a reputation for the highest quality work product and trial and appellate advocacy. David Yerushalmi is an AV® Preeminent™ rated lawyer licensed to practice in New York, Washington, D.C., California, and Arizona and is a member of federal district and circuit courts throughout the country, as well as a member of the bar of the United States Supreme Court. Visit us at www.davidyerushalmi.com.