At common law, a party which loses or destroys evidence may be sanctioned under CPLR 3126. The nature and severity of the sanction depends on factors such as the spoliator's knowledge and intent, proof of an explanation for the loss of evidence, and prejudice to the other party. The party seeking sanctions must demonstrate an obligation to preserve the evidence, a culpable state of mind, and the relevance of the evidence. A culpable state of mind includes ordinary negligence. Where the evidence was intentionally destroyed, its relevance is presumed. Where the evidence was negligently destroyed, its relevance must be established.
Delmur, Inc. v. School Constr. Auth., NY Slip Op 05764 (2d Dep't July 24, 2019)
Here is the decision.
