Appellate Court Vacates Spoliation Order Barring Testing Results

NEW YORK - A New York appellate court has vacated a spoliation order barring plaintiffs from relying on environmental tests that pre-date their lawsuit. Holland v. W.M. Realty Mgt., Inc., No. 2007-11704, 2008-06434 (N.Y. Sup. Ct. App. Div., 2nd Dept.).

The New York Supreme Court Appellate Division, Second Department, said in ruling for plaintiffs-appellants that it was uncontested that the testing samples unsuccessfully sought by defendants had a short shelf life.

Aleah Holland is seeking damages from her apartment manager, W.M. Realty Management Inc., for personal injuries she says resulted from exposure to mold in her apartment between Oct. 28, …