Sanctions are available whether the evidence was destroyed intentionally, willfully, or negligently. In seeking sanctions, the movant must show that the party with control over the evidence had an obligation to preserve it; that the evidence was destroyed with a culpable state of mind; and that the evidence was relevant to the party's case such that the trier of fact could find that the evidence would support the movant's claim or defense. If the destruction of the evidence was intentional or willful, relevance is presumed. If the destruction was negligent, relevance must be established.
China Dev. Indus. Bank v. Morgan Stanley & Co. Inc., NY Slip Op 02987 (1st Dep't May 21, 2020)
Here is the decision.
