Spoilation of Evidence

On December 29, 2014, in Corporate, Criminal, Litigation, Personal Injury, by John A. Weber IV, ESQ.



Spoliation of Evidence

In September of this year, the Second Department reached a decision in Lentini v. Weschler, 2014 NY Slip Op 06062, with regards to the “Spoilation of Evidence.”  Spoilation refers to the destruction or repair of critical evidence that will interfere with the ability of a litigant to prosecute or defend a claim.  Generally, a preservation notice is required to alert the party in possession of the evidence that the evidence may be necessary for potential litigation.  If the finds that spoilation occurred, the court can issue sanctions against the party who caused spoilation.  In Lentini, the court held that spoilation sanctions require a litigatn to prove that the other party disposed of the critical evidence and fatally compromised the other party’s ability to prove or defend a claim.  The disposal would have to have been intentional or negligent.  A preservation notice was sent in Lentini.  Therefore the court did not have to opine on whether or not the spoilation sanctions could be issued if the preservation notice was not given.

Long Island Litigation Attorneys

If you have been involved in an incident that caused damage to yourself or property, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 today to discuss the necessary steps to preserve evidence critical to your case.

Important Distinction in Civil Rights Cases

On October 23, 2014, in Criminal, Litigation, by John A. Weber IV, ESQ.

Civil Rights Question

The Court in Burbar v. Inc. Vill. of Garden City,961 F. Supp. 2d 462,2013 U.S. Dist. LEXIS 117029,2013 WL 4427810(E.D.N.Y.2013) made a very important distinction when deciding the Defendant’s motion to dismiss.  After analyzing the facts of the case, the Court decided that probable cause to make an arrest does not automatically extend to support commencement of criminal proceedings.  The key facts giving rise to this opinion was that the possession of firearms along with witness complaints may give police probable cause for an arrest.  After it is discovered that the firearms are licensed, the criminal charges were not warranted.

An important note to make here is that abuse of process claims do not always coincide with malicious prosecution claims.  It is true that these claims are very often plead together in Civil Rights Actions.  This case however is an example where an abuse of process claim will not be successful although a malicious prosecution claim may be.  Intricacies in the law like these make it important for those people who feel their civil rights have been violated to consult an attorney.  Don’t be deterred by the possible presence of probable cause for the arrest.  The underlying facts could give rise to a host of issues with the actions of the police.

Long Island Civil Rights Attorney

If you have questions about possible Civil Rights Violations, call The Law Firm of Vaughn, Weber & Prakope, PLLC  at (516) 858-2620 to speak with an attorney today!

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