New York, New York (December 28, 2017) — Today the New York Supreme Court, Appellate Divsion for the First Department (Manhattan), upheld a trial court's sanction against the real estate brokerage behemoth Douglas Elliman for destroying email evidence (ESI or Electronically Stored Information). The sanction provides for an adverse inference instruction that effectively undoes the damage to our clients and provides an avenue for dismissing Douglas Elliman's case.
Discovery sanctions against major corporate litigants for the wilfull or reckless or grossly negligent destruction of evidence are rare but the appellate court accepted each argument presented by Mr. Yerushalmi on appeal.
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.