Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys key evidence, the responsible party may be sanctioned. The party seeking sanctions must show that the party having control over the evidence possessed an obligation to preserve it at the time of its destruction and that the evidence was destroyed either deliberately or negligently. If the evidence was negligently destroyed, the movant must demonstrate that it was relevant to the party's claim or defense.
Battle v. Fulton Park Site 4 Houses, Inc., NY Slip Op 00114 (2d Dep't January 14, 2026)
