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ALPHAS v. SMITH

8731, 155790/15.

170 A.D.3d 529 (2019)

96 N.Y.S.3d 201

2019 NY Slip Op 02030

Peter Alphas et al., Appellants, v. Scott Smith et al., Respondents.

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

Decided March 19, 2019.

Plaintiffs do not dispute that they had a duty to preserve relevant documents and that the documents they claim were lost or destroyed were relevant (see Zubulake v UBS Warburg LLC, 220 FRD 212, 218 [SD NY 2003]; VOOM HD Holdings LLC v EchoStar Satellite L.L.C., 93 A.D.3d 33, 36 [1st Dept 2012]). They argue only that defendants failed to show that they acted negligently (see...

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