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Litigators Obtain Contempt Finding and Striking of Defendant’s Answer on Behalf of Fashion School

On December 22, 2021, Judge Andrew Borrok of the Commercial Division, Supreme Court of the State of New York, County of New York, granted Kane Kessler’s motion for contempt and to strike Defendant’s answer in an action brought by the Plaintiff/client, a New York City fashion school, against its former chief executive for breach of fiduciary duty, declaratory judgment and a permanent injunction. The Court held that the defendant former officer had spoliated evidence, made false representations to the Court and attempted to avoid his discovery obligations. With liability decided in favor of the client fashion school, the only remaining issue to be decided is the amount of monetary damages, which exceed $20 million.