Tuesday, April 19, 2016

Sanctions for destruction of evidence.

Practice point:  A party's willful and prejudicial destruction of evidence warrants the sanction of striking its pleadings.  Where a party disposes of evidence without moving for a protective order, a negative inference may be drawn that the destruction was willful. Willfulness may also be inferred from a party's repeated failure to comply with discovery directives.

Student note:  The Appellate Divison has upheld the striking of pleadings where the destruction of critical evidence occurs through ordinary negligence.

Case:  Chan v. Cheung, NY Slip Op 02731 (1st Dep't 2016)

Here is the decision.

Tomorrow's issue:  A motion for leave to serve an amended notice of claim.