Practice point: A sanction for spoliation requires a showing that the other side disposed of critical evidence, fatally compromising the ability to defend the action.
Students should note that, generally, striking a pleading is reserved for instances of willful or contumacious conduct.
Case: Scordo v. Costco Wholesale Corp., NY Slip Op 07324 (2d Dept. 2010)
Here is the decision.
Tomorrow's issue: Corporations.
