Spoilation Sanctions Denied in Discrimination Claim by New York State Supreme Court

In O'Brien v Peter Marino Architect, PLLC, the plaintiff alleged that certain discriminatory statements were made by an employee of Peter Marino Architect, PLLC, whom also employed plaintiff. Defendant moved for spoliation sanctions on the ground that Plaintiff had created a timeline of events involving the claims in the case, saved it on his neighbor's computer, which included some 67 versions (based upon the document's metadata), but only produced one version in discovery. First, the Supreme Court, New York County identified the standard under such a claim as follows: "Under the common law doctrine of spoliation, a party may be sanctioned where it negligently loses or intentionally destroys key evidence" (McDonnell v. Sandaro Realty, Inc., 165 AD3d 1094, 1095; see Morales v. City…


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