Defendants' motion for sanctions is granted to the extent of ordering an adverse inference instruction for plaintiff's failure to preserve text messages to and from a former co-worker. The lost texts were relevant to contested issues in this action, and plaintiff acted negligently in failing to preserve them when she purportedly broke her phone.
Shamash v. David Bocchi, Inc., NY Slip Op 03213 (1st Dep't June 13, 2023)
