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HARRY WINSTON, INC. v. ECLIPSE JEWELRY, CORP.

Index No. 654888/17. Appeal No. 17656. Case No. 2021-04384.

215 A.D.3d 421 (2023)

187 N.Y.S.3d 202

2023 NY Slip Op 01840

Harry Winston, Inc., Respondent, v. Eclipse Jewelry, Corp., Appellant.

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

Decided April 6, 2023.

Attorney(s) appearing for the Case

Rosenfeld & Kaplan, LLP, New York ( Tab K. Rosenfeld , of counsel), for appellant.

Blank Rome LLP, New York ( Craig M. Flanders , of counsel), for responde

Concur—Renwick, A.P.J., Kapnick, Friedman, Moulton, Kennedy, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about November 22, 2021, which, to the extent appealed from, granted plaintiff's motion to strike the answer and dismiss the counterclaims as a sanction for spoliation, unanimously modified, on the law and the facts and as a matter of discretion, to deny the motion except to the extent of striking so much of the third counterclaim as concerns work in the process of being completed as of plaintiff's May...

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