For sanctions, the movant must establish that the other party had an obligation to preserve the evidence; that the evidence was destroyed with a culpable state of mind; and that the evidcnce was relevant to the party's claim or defense. In the context of spoliation, a party can be deemed to have had a culpable state of mind for ordinary negligence, but the sanction of striking a pleading is not warranted unless the evidence is crucial and the spoliator's conduct evinces some higher degree of culpability. Striking a pleading for spoliation due to ordinary negligence is appropriate where the movant establishes that the evidence was its sole means of defending the claims; its defense was otherwise fatally compromised by the spoliation; or it was prejudiced to the point of not being able to defend.
Rossi v. Doka USA, Ltd., NY Slip Op 02098 (1st Dep't March 26, 2020)
Here is the decision.
