Spoilation of Evidence

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

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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.

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