BARBARA DZIDOWSKA, plf-res, v. THE RELATED COMPANIES, L.P. def-ap, FUJITEC AMERICA, INC., DOING BUSINESS AS FUJITEC SERGE OF NEW YORK, def-res

3378. BARBARA DZIDOWSKA, plf-res, v. THE RELATED COMPANIES, L.P. def-ap, FUJITEC AMERICA, INC., DOING BUSINESS AS FUJITEC SERGE OF NEW YORK, def-res — London Fischer LLP, New York (Brian P. McLaughlin of counsel), for ap — The Platta Law Firm, PLLC, New York (Brian J. Vannella of counsel), for res — Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered January 11, 2016, which to the extent appealed from, granted plaintiff's motion for spoliation sanctions against defendants-appellants, denied defendants-appellants' cross motion to sanction plaintiff's counsel and for summary judgment dismissing the complaint and all cross claims as against the Related Companies, L.P. (Related) and 1616 First Company, LLC (First), unanimously affirmed, with costs.

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3378. BARBARA DZIDOWSKA, plf-res, v. THE RELATED COMPANIES, L.P. def-ap, FUJITEC AMERICA, INC., DOING BUSINESS AS FUJITEC SERGE OF NEW YORK, def-res — London Fischer LLP, New York (Brian P. McLaughlin of counsel), for ap — The Platta Law Firm, PLLC, New York (Brian J. Vannella of counsel), for res — Order, Supreme Court, New York County (Cynthia S. Kern, J.), entered January 11, 2016, which to the extent appealed from, granted plaintiff’s motion for spoliation sanctions against defendants-appellants, denied defendants-appellants’ cross motion to sanction plaintiff’s counsel and for summary judgment dismissing the complaint and all cross claims as against the Related Companies, L.P. (Related) and 1616 First Company, LLC (First), unanimously affirmed, with costs.

The court properly concluded that appellants failed to demonstrate that plaintiff’s counsel violated the Rules of Professional Conduct, CPLR 3101 and 3120 or 22 NYCRR §130-1.1(c), warranting sanctions, based on alleged conduct of an investigator.

BARBARA DZIDOWSKA, plf-res, v. THE RELATED COMPANIES, L.P. def-ap, FUJITEC AMERICA, INC., DOING BUSINESS AS FUJITEC SERGE OF NEW YORK, def-res

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