Appeals Court Upholds Sanctions for Hard Drive Erasure on Eve of Court Ordered

In Ahroner v. Israel Discount Bank of New York, etc., et al. [pdf], No. 3823-3824N&M-5198 (N.Y. Sup. Ct. Dec. 7, 2010), the New York Court of Appeals affirmed the lower court’s grant of spoliation sanctions against the defendants who willfully destroyed electronic evidence prior to its court-ordered inspection, including reimbursement of the plaintiff’s forensic examination expenses, related attorneys' fees and an adverse inference instruction.