Practice point: A party's pleading may be struck as a sanction for the intentional destruction of key evidence.
Practitioners should note that if the destroyed evidence is not crucial to plaintiff's case, a lesser sanction is appropriate, at the discretion of the court.
Case: Kugel v. City of New York, NY Slip Op 01521 (1st Dept. 2009)
The opinion is here.
Tomorrow’s issue: Sealed records.
