Legal Opinion
Pegasus Aviation I, Inc. v. Varig Logistica S.A.
New York Court of Appeals
Decided December 15, 2015No. 153PublishedCited by 125 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
A party that seeks sanctions for spoliation of evidence must show that the party having control over the evidence possessed an obligation to preserve it at the time of its destruction, that the evidence was destroyed with a “culpable state of mind,” and “that the destroyed evidence was relevant to the party’s claim or defense such that the trier of fact could find that the evidence would support that claim or defense” (VOOM HD Holdings LLC v EchoStar Satellite L.L.C., 93 AD3d 33, 45 [1st Dept 2012], quoting Zubulake v UBS Warburg LLC, 220 FRD 212, 220 [SD NY…
2Cases cited6 opinions
- Friedman v. State of New YorkNew York Court of Appeals · 1986
- Andon v. 302-304 Mott Street AssociatesNew York Court of Appeals · 2000
- VOOM HD Holdings LLC v. EchoStar Satellite L.L.C.Appellate Division of the Supreme Court of the State of New York · 2012
- Ortega v. City of New YorkNew York Court of Appeals · 2007
- Gogos v. Modell's Sporting Goods, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
1 more not listed; retrieve them via the Exa API.
3Cited by125 opinions
- Carlson v. Am. Int'l Grp., Inc.Court for the Trial of Impeachments and Correction of Errors · 2017
- Eksarko v. Associated SupermarketAppellate Division of the Supreme Court of the State of New York · 2017
- Golan v. North Shore-Long IsLand Jewish Health System, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
- Garcia v. Emerick Gross Real Estate, L.P.Appellate Division of the Supreme Court of the State of New York · 2021
- Dagro Assoc. II, LLC v. Chevron U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
120 more not listed; retrieve them via the Exa API.