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M & T Mortgage Corp. v. Miller

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


October 4, 2007

M & T MORTGAGE CORPORATION, PLAINTIFF,
v.
CEDRIC D. MILLER AND ELIZABETH MILLER, ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS,
v.
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, ET AL., THIRD-PARTY DEFENDANTS.

The opinion of the court was delivered by: Gershon, United States District Judge

ORDER

Third-party defendants Better Homes Depot, Inc. and Eric Fessler have filed objections to Magistrate Judge Go's order of August 17, 2007 granting the motion for sanctions brought by third- party plaintiffs Cedric and Elizabeth Miller based upon spoliation of evidence. The objections are without merit and the order is affirmed. Judge Go's order is neither clearly erroneous nor contrary to law. And the particular sanctions she has ordered are sensitively delimited and carefully crafted. Her order is affirmed and will govern further proceedings in this case.

SO ORDERED.

NINA GERSHON United States District Judge

20071004

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