Case Type
Other
Housing Type
Market Rate
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
157719/2018
Petitioner
A3 Investments SA
Respondent
Linnett, Graeme
Judge
d'Auguste, James E.
Decision/Order Date
2023-10-11
Posture
Post-answer Motion by Landlord
Disposition
Other
Winner
Other
Synopsis
In this residential landlord-tenant dispute, the landlord sought to dismiss the tenant's complaint due to alleged spoliation of text messages, which the tenant claimed were not preserved. The court found that although there was spoliation, striking the complaint was too harsh since the landlord had access to similar evidence through other means. The court ordered an adverse inference charge against the tenant at trial and denied a stay of proceedings, while compelling the landlord to produce relevant text messages.
Recommended Citation
"A3 Investments SA v. Linnett" (2023). All Decisions. 1503.
https://ir.lawnet.fordham.edu/housing_court_all/1503
