Xiao Yang Chen v. Fischer, 901 N.Y.S.2d 682 (N.Y. App. Div. 2010)

Key Insight: Where plaintiff ?contumaciously defied discovery orders? by deleting materials from her hard drive that she had been directed to produce, trial court ?improvidently exercised its discretion? by failing to dismiss all of plaintiff?s claims; appellate court reversed and entered order dismissing plaintiff?s remaining claims

Nature of Case: Personal injury

Electronic Data Involved: ESI on hard drive