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DOUGLAS ELLIMAN LLC v. TAL

5310. 650440/12.

156 A.D.3d 583 (2017)

65 N.Y.S.3d 697

2017 NY Slip Op 09268

DOUGLAS ELLIMAN LLC, Appellant, v. SHOSHANA TAL, Also Known as SHOSHANA MENDELOVICI, et al., Respondents.

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

Decided December 28, 2017.

The record demonstrates that plaintiff acted with gross negligence in destroying ESI not only after commencement of the action triggered a duty to preserve, but after defendant Tal's deposition, in which she referenced an email exchange in which she allegedly advised plaintiff that she had started working at Itzhaki Properties, and requested dual licensure, which plaintiff approved (see VOOM HD Holdings LLC v EchoStar Satellite L.L.C., 93 A.D.3d 33...

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