An Eastern District magistrate judge has held that the law firm of Borrelli & Associates did not withhold documents from a former client and rejected the client’s demand for a criminal investigation. In Corrado v. New York State Unified Court System, 12-cv-01748, Nicole Corrado, an attorney with the Appellate Division, First Department, disciplinary committee, had accused Borrelli of destroying records related to a pending sexual harassment claim involving officials at the court agency.

Borrelli had previously represented Corrado and, when their relationship ended, provided her with an e-version of her file, which was created per firm policy before non-original paper documents were destroyed as a matter of routine, records indicate. One of those documents was a copy of a file that had been compiled by the Equal Employment Opportunity Commission. The original was lost in a flood last summer at the EEOC’s office in lower Manhattan.

Corrado accused the law firm of spoliation, described the concurrent loss of the file by the EEOC and destruction of the file by Borrelli as “both suspect and disturbingly curious” and asked Magistrate Judge Marilyn Go (See Profile) to refer the matter to the U.S. attorney or the FBI (NYLJ, Dec. 6). Following a conference last week, Go said Corrado “has not demonstrated that there are any documents missing from the file transmitted to her by Borrelli” and declined to involve law enforcement officials.