DZIDOWSKA v. RELATED COMPANIES, L.P.

3378, 452293/14.

148 A.D.3d 480 (2017)

2017 NY Slip Op 01810

49 N.Y.S.3d 125

BARBARA DZIDOWSKA, Respondent, v. THE RELATED COMPANIES, L.P., et al., Appellants, and FUJITEC AMERICA, INC., Doing Business as FUJITEC SERGE OF NEW YORK, Respondent.

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

Decided March 15, 2017.


The court properly concluded that appellants failed to demonstrate that plaintiff's counsel violated the Rules of Professional Conduct, CPLR 3101 and 3120 or 22 NYCRR 130-1.1 (c), warranting sanctions, based on alleged conduct of an investigator.

However, the court properly sanctioned appellants for spoliation of certain videotapes, which they were notified by plaintiff's counsel to preserve, within days of the accident. Despite this notice, appellants preserved copies...

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