Court Declines Defendants' Invitation to Issue Spoliation Finding

NEW YORK - A New York trial court has denied a defense motion to sanction mold plaintiffs for alleged spoliation in the taking of a defense expert's environmental report, saying that evidence of the alleged wrongdoing did not warrant it. Park Towers South Company LLC v. 57 West Operating Co. Inc., et al., No. 117080/2005 (N.Y. Sup. Ct., N.Y. Cty.).

New York County Supreme Court Justice Milton A.Tingling said that while he found aspects of the dispute troubling, there was no evidence that plaintiffs' counsel coerced or threatened a defense expert to obtain an inspection file.

Park Towers South …