HAVIV v. BELLOVIN


39 A.D.3d 708 (2007)

832 N.Y.S.2d 454

CHARLES HAVIV et al., Respondents, v. BARRY J. BELLOVIN, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 17, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.

To impose a sanction for spoliation of evidence, it must be established that the individual to be sanctioned was responsible for the loss or destruction of evidence crucial to the establishment of a claim or defense, at a time when...

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