Sanctions may be imposed on a showing that the party in control of the evidence had an obligation to preserve it; that the evidence was destroyed with a culpable state of mind; and that the destroyed evidence was relevant to the extent that a trier of fact could find that the evidence would support the other party's claim or defense.
Sarris v. Fairway Group Plainview, LLC, NY Slip Op 00922 (2d Dep't February 6, 2019)
Here is the decision.
