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DOMINGO v. 541 OPERATING CORP.

Index No. 159457/18. Appeal No. 16597. Case No. 2022-00801.

210 A.D.3d 423 (2022)

178 N.Y.S.3d 20

2022 NY Slip Op 06162

Erin Domingo, Appellant, v. 541 Operating Corp. et al., Respondents.

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

Decided November 3, 2022.

Attorney(s) appearing for the Case

Law Offices of Effie Soter, P.C., New York (Dimitrios Kourouklis of counsel), for appellant.

Nicoletti Spinner Ryan Gulino Pinter LLP, New York (Matthew G. Corcoran of counsel), for 541 Operating Corp., respondent.

Kaufman Borgeest & Ryan LLP, Valhalla (Lisa E. Fleischmann of counsel), for Raitul N. "Teddy" Persaud & Solutions America, LLC, respondents.

Concur—Renwick, J.P., Kern, Moulton, Mendez, Pitt, JJ.

Order, Supreme Court, New York County (Lewis J. Lubell, J.), entered on or about September 29, 2021, which denied plaintiff's motion for spoliation sanctions against defendants without prejudice to renewal, unanimously affirmed, without costs.

In this action seeking to recover damages resulting from a bed bug infestation in plaintiff's apartment, plaintiff moved for spoliation sanctions after defendants allegedly failed to produce certain records relevant to extermination...

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