Seller Ordered to Complete Discovery But Can Renew Spoliation Motion

CENTRAL ISLIP, N.Y. - A New York home seller who contends that a buyer has removed any potential evidence that would support his mold concealment claims was ordered to complete discovery before renewing his motion for spoliation sanctions. Baldassarre v. Galasso, et al., No. 32713/2008 (N.Y. Sup. Ct., Suffolk Cty.).

Suffolk County (N.Y.) Supreme Court Justice Melvyn Tanenbaum noted in his May 21 order that the parties have undertaken no discovery, and that "[p]laintiff is entitled to complete all relevant discovery matters since the defendant may possess information and exclusive knowledge relevant to the issues underlying plaintiff's claims."

Barbara Baldassarre …