Contact Us For A Free Consultation: (212) 425-5191

Unparalleled Experience And A Tradition Of Winning Appeals

Mischel & Horn, P.C. | Dedicated Appellate Counsel

Unparalleled Experience And A Tradition Of Winning Appeals

June 11, 2024 – M&H Wins Adverse Inference Charge In Spoliation Appeal

In this personal-injury action, the Appellate Division, First Department, in accordance with M&H’s arguments on appeal, affirmed the imposition of an “adverse inference charge” sanction stemming from the spoliation of a surveillance video, finding that the defendant knew litigation was a real possibility, the deletion of the video was done negligently, if not deliberately, and the deleted footage was potentially relevant to the plaintiff’s claims.

Ferrer v. Go New York Tours Inc.