CHILDREN'S MAGICAL GARDEN, INC. v. MAROM

Index No. 654960/19. Appeal No. 925. Case No. 2022-04750.

220 A.D.3d 614 (2023)

197 N.Y.S.3d 205

2023 NY Slip Op 05464

Children's Magical Garden, Inc., Respondent, v. David Marom, Individually and as President of The Horizon Group, Appellant.

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

Decided October 31, 2023.


Attorney(s) appearing for the Case

Levy Goldenberg LLP, New York ( Andrew Goldenberg of counsel), for appellants.

Bleichmar Fonti & Auld LLP, New York ( Benjamin F. Burry of counsel), for respondent.

Concur—-Kapnick, J.P., Gesmer, Scarpulla, Rodriguez, O'Neill Levy, JJ.


Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about October 5, 2022, which, to the extent appealed from as limited by the briefs, granted plaintiff's motion for an adverse inference charge as a sanction for spoliation of evidence, unanimously modified, on the law and the facts, to delete the adverse inference charge as specified, and remand the matter for a new adverse inference charge in accordance herewith, and otherwise affirmed, without costs...

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