Topic: under the common-law doctrine of spoliation, when a party n… · Go Syfert
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Topic #10187

8 canonical passages across 6 cases, quoted by 37 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Holland v. W.M. Realty Management, Inc..

#Case FlagCanonical passage Citers
1 Holland v. W.M. Realty Management, Inc. Anchor
nyappdiv · 2009
green “under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys key evidence, the responsible party may be sanctioned under cplr 3126” 16
2 The Matter of Kenneth Cole Productions, Inc., Shareholder Litigation , Erie County Employees Retirement System v. Michael J. Blitzer
ny · 2016
green “courts should strive to avoid interfering with the internal management of business corporations” 3
3 The Matter of Kenneth Cole Productions, Inc., Shareholder Litigation , Erie County Employees Retirement System v. Michael J. Blitzer
ny · 2016
green “is beyond judicial inquiry under the business judgment rule, but . . . 'the court may inquire as to the disinterested independence of the directors” 3
4 Lotardo v. Lotardo
nyappdiv · 2006
green “absent an improvident exercise of discretion, the determination to impose sanctions for conduct that frustrates the purposes of the cplr should not be disturbed” 3
5 Lentz v. Nic's Gym, Inc.
nyappdiv · 2011
green “the supreme court has broad discretion in determining what, if any, sanction should be imposed for spoliation of evidence” 3
6 Marino v. Island Express Advertising Inc.
nyappdiv · 1991
neutral “every corporation shall have power to create and issue the number of shares stated in its certificate of incorporation.” 3
7 Ench v. Breslin
nyappdiv · 1997
green “failed to raise any triable issues of fact relevant to establishing that the costa agreement . . . was fair and reasonable” 3
8 Ench v. Breslin
nyappdiv · 1997
green “shareholder's agreement is binding as between the original parties to it and enforceable even though all the formal steps required by statute to properly effectuate the agreement have not been fulfilled” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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