(Supreme Court, NY County, 10/21/2009)
- Failing to suspend its routine document deletion and destruction policy when the lawsuit began
- Failure to produce damaging electronically stored information (ESI) even while producing self-serving emails.
- Failure by Corcoran's IT director and counsel to tell brokers involved in the suit to stop deleting emails and other potentially relevant ESI.
Corcoran Sanctioned for Failure to Preserve E-mail for Discovery
New York Law Journal, November 17, 2009
Noeleen G. Walder
"Jay B. Itkowitz of Itkowitz PLLC, who represented the condominium's buyers, called the ruling "groundbreaking." He said in an interview that the ruling was the first in the state to send the "critical message" that "when you are sued or know you are going to be sued...you have to take immediate and significant steps to preserve electronic evidence."" Read more...
E-mail Shows Couple's Suit vs. Corcoran Group Holds Water, Judge Says
Daily News, November 17, 2009
By Scott Shifrel
"The "e" in e-mail stands for evidence... [Corcoran] shouldn't have put the apartment on the market," said Jay Itkowitz, the couple's lawyer." Read more...
State Supreme Court Rules Corcoran "negligent" with E-Mails in Bklyn Condo Sale
The Real Deal
By David Jones
""This case adopts the basic federal standard of the obligation to preserve electronic evidence into the state court system," said Jay Itkowitz, attorney for the plaintiffs. "Under federal case law, once you know you're about to get sued, the obligation to preserve or protect electronic evidence comes into play."" Read More...