HUDSON-SPRING PARTNERS, L.P. v. P+M DESIGN CONSULTANTS, INC.

Index No. 652229/10. Appeal No. 13724-13724A. Case Nos. 2020-01501, 2020-01506.

194 A.D.3d 409 (2021)

143 N.Y.S.3d 207

2021 NY Slip Op 02744

Hudson-Spring Partners, L.P., Now Known as Connection Partners, LLC, Respondent; v. P+M Design Consultants, Inc., et al., Defendants.

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

Decided May 4, 2021.


Attorney(s) appearing for the Case

Law Offices of Edward Weissman, New York ( Edward Weissman of counsel), for appellants.

Law Office of Allan J. Berlowitz, New York ( Joshua E. Fingold , of counsel), for respondent.

Concur—Gische, J.P., Mazzarelli, Oing, González, JJ.


The adverse inference adopted by the trial court was an appropriate sanction for the loss or destruction of building maintenance records for the relevant time period. The trial court assumed that "plaintiff did not maintain the premises in the manner it was legally obligated to do." However, this did not absolve defendants from their burden of proving the other elements of their constructive eviction defense/counterclaim— namely, that plaintiff's failure to maintain...

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