Adverse Inference Instruction Warranted Where Spoliation Claim Supported by Credible Arguments, Witnesses and Evidence
Babaev v. Grossman, 2008 WL 4185703 (E.D.N.Y. Sept. 8, 2008)
In this case, plaintiffs claimed that they were fraudulently induced to invest in defendant’s catering businesses, and sought to inspect defendants’ business records. Plaintiffs moved for an extension of time to complete their inspection, and also requested sanctions. They claimed that defendants had engaged in spoliation of evidence and willful refusal to produce documents, and also noted defendants’ “belated” claim that their computer had been lost or misplaced and that many reports and records were unavailable for that reason. Defendants argued that the “lost” computer had been kept at defendant’s prior place of work, and that when it was retrieved the files had been corrupted and could not be accessed. Defendants asserted that the computer had been discarded prior to the lawsuit.