Tenant Didn't Save Text Message Complaints About Apartment

Tenant was a Belgium entity that leased a condominium apartment for occupancy by its sole shareholder and family. The lease term was March 16, 2018, to March 15, 2019. The first six months of rent at $25,000 per month were paid in advance. Tenant broke the lease after four-and-a-half months, and the family moved to France. Tenant then sued landlord for claimed defects in the apartment. Landlord asked the court to dismiss the complaint due to spoliation of evidence. Landlord had demanded copies of text messages discussing the apartment conditions during discovery, and tenant failed to produce them. The court ruled for landlord in part, finding that tenant did spoil evidence. But the court found that striking the complaint was too drastic. Instead, the court would accept an adverse inference charge at trial as a more appropriate sanction.

A3 Investments SA v. Linnett: Index No. 157719/2018, NYLJ No. 1698303701 (Sup. Ct. NY; 10/11/23; d'Auguste, J)