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SHAMASH v. DAVID BOCCHI INC.

Index No. 157028/21. Appeal No. 451. Case No. 2022-05612.

217 A.D.3d 519 (2023)

189 N.Y.S.3d 199

2023 NY Slip Op 03213

Sonia Shamash, Appellant, v. David Bocchi Inc. et al., Respondents.

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

Decided June 13, 2023.

Attorney(s) appearing for the Case

Stagg Wabnik Law Group LLP, Garden City (Debra L. Wabnik of counsel), for appellant.

Sullivan & Worcester, LLP, New York (Gerry Silver of counsel), for respondents.

Concur—Oing, J.P., Singh, Moulton, Scarpulla, Shulman, JJ.

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered on or about August 18, 2022, which granted defendants David Bocchi Inc., David Bocchi, Cheyenne McMillion, and Matthew Kern's motion for spoliation sanctions to the extent of entitling defendants to an adverse inference instruction at the time of trial and denied plaintiff's cross-motion for sanctions, unanimously affirmed, without costs.

The motion court providently exercised its discretion in granting...

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