Osman v Pelofi

Holding The Appellate Division affirmed the denial of the husband’s motion for discovery and forensic examination, finding that he failed to establish a triable issue of fact regarding the wife’s access to his emails. The court also rejected his due process and spoliation claims, noting that he was afforded a full opportunity to litigate and that the wife voluntarily produced her device for examination.

The court’s words

The husband's motion papers and expert reports did not create an issue of fact that would warrant a hearing on the issue

2026 NY Slip Op 05602, at the official text

The evidence presented to the court, including subpoenaed Google records and a forensic copy of the wife's iPhone, failed to establish any access to the husband's email account from the wife's devices.

2026 NY Slip Op 05602, at the official text

The husband failed to establish a violation of the preservation order or actual destruction of relevant ESI.

2026 NY Slip Op 05602, at the official text