In Harry Weiss, Inc. v. Moskowitz, 106 A.D.3d 668 (N.Y. App. Div. May 30, 2013), the court affirmed the trial court’s sanctions order, which precluded the plaintiff from “offering any evidence and/or testimony at trial in opposition to defendants’ defenses and counterclaims.” The trial court awarded sanctions because the plaintiff testified he had lost or deleted electronic documents that tracked financial matters that were central to the litigation. The plaintiff further admitted that, after the commencement of the litigation, he disposed of the computer that held those electronic documents. The plaintiff produced some hard-copy printouts of the documents in question, but the court found them insufficient because “converting the files from their native format to hard-copy form would have resulted in the loss of discoverable metadata.” The court further held that the destruction of the computer “after [the plaintiff’s] duty to preserve had attached,” deprived the other party “of the opportunity to have their own expert examine the computer to determine if the deleted files could be restored.”