When a party negligently loses or intentionally destroys key evidence, depriving the other party of a claim or defense, the court may direct the striking of its pleading. In the absence of willful or contumacious conduct, the court must consider the prejudice resulting from the spoliation. If the other party is still able to establish or defend the claim, a less severe sanction is appropriate.
Francis v. Mount Vernon Bd. of Educ., NY Slip Op 05916 (2d Dep't August 29, 2018)
Here is the decision.
