Order, Supreme Court, New York County (Erika M. Edwards, J.), entered on or about September 28, 2022, which, to the extent appealed from, granted plaintiff's motion for spoliation sanctions against defendant Alan Garely, M.D. to the extent of imposing an adverse inference charge at trial, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs, and the motion denied.
Supreme Court improvidently exercised its discretion in imposing...
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