Practice point: A party's willful and prejudicial destruction of evidence warrants the sanction of striking its pleadings. Where a party disposes of evidence without moving for a protective order, a negative inference may be drawn that the destruction was willful. Willfulness may also be inferred from a party's repeated failure to comply with discovery directives.
Student note: The Appellate Divison has upheld the striking of pleadings where the destruction of critical evidence occurs through ordinary negligence.
Case: Chan v. Cheung, NY Slip Op 02731 (1st Dep't 2016)
Here is the decision.
Tomorrow's issue: A motion for leave to serve an amended notice of claim.
