Practice point: To support a determination of sanctions pursuant to CPLR 3126, the moving party must demonstrate that the responsible party's actions were willful and contumacious.
Student note: Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys key evidence, thereby depriving the non-responsible party from being able to prove its claim or defense, the responsible party may be sanctioned by the striking of its pleading.
Case: Falcone v. Karagiannis, NY Slip Op 01653 (2d Dept. 2012).
Tomorrow’s issue: Legal malpractice.
