The imposition of sanctions is not limited to cases where the evidence was destroyed willfully or in bad faith, as the negligent loss of evidence can be just as fatal to the other party's ability to present a defense. Where the striking of a pleading would be too severe, an adverse inference charge at trial would be appropriate.
Alphas v. Smith, NY Slip Op 02030 (1st Dep't March 19, 2019)
Here is the decision.
