February 18, 2010

Evidence.

Practice point: Sanctions are available when a party destroys evidence that is essential to the opponent's claim or defense.

Practitioners should note that sanctions may result even if the destruction was not willful or contumacious.

Case: Awon v. Harran Transp. Co., Inc., NY Slip Op 00638 (2d Dept. 2010)

The opinion is here.

Tomorrow’s issue: Property.