Practice point: When a party either
negligently loses or intentionally destroys key evidence, thus depriving
an adversary of the ability to prove a claim, the responsible party may
be sanctioned. The party requesting sanctions has the burden of
demonstrating that a litigant intentionally or negligently disposed of
critical evidence, and fatally compromised its ability to prove its
claim or defense.
Student note: Spoilation is a common-law doctrine, and its application discretionary with the trial court.
Case: Johnson v. NBO Realty, Inc., NY Slip Op 03503 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Prior notice laws and municipal liability.
