HOLME v. GLOBAL MINERALS AND METALS CORP.

6217N, 600232/08, 605084/00

90 A.D.3d 423 (2011)

934 N.Y.S.2d 30

2011 NY Slip Op 8683

JAMES W. HOLME, Respondent, v. GLOBAL MINERALS AND METALS CORP. et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 1, 2011.


The court providently exercised its discretion by granting an adverse inference charge against defendants due to their spoliation of their electronic accounting and trading records. Defendants had an obligation to preserve such records because they should have foreseen that the underlying litigation might give rise to the instant enforcement action; the records were destroyed with a culpable state of mind; and they are relevant to plaintiff's claims of fraudulent conveyances...

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