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CHINA DEV. INDUS. BANK v. MORGAN STANLEY & CO. INC.

10749. 650957/10.

183 A.D.3d 504 (2020)

2020 NY Slip Op 02987

China Development Industrial Bank, Appellant-Respondent, v. Morgan Stanley & Co. Incorporated, Now Known as Morgan Stanley & Co. LLC, et al., Respondents-Appellants, et al., Defendants.

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

Decided May 21, 2020.

Spoliation sanctions are available regardless of whether evidence was destroyed intentionally, willfully or negligently (Pegasus Aviation I, Inc. v Varig Logistica S.A., 26 N.Y.3d 543 [2015]). We see no basis for spoliation sanctions on this record. A party who seeks sanctions for spoliation of evidence must show that the party having control over the evidence possessed an obligation to preserve it when it was destroyed, the evidence...

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