Legal Opinion

Ortiz v. Bajwa Development Corp.

Appellate Division of the Supreme Court of the State of New York

Decided November 22, 2011PublishedCited by 7 opinions

1Opinion of the Court

“Under the common-law doctrine of spoliation, when a party negligently loses or intentionally destroys key evidence, the responsible party may be sanctioned under CPLR 3126” (Holland v W.M. Realty Mgt., Inc., 64 AD3d 627, 629 [2009]; see Baglio v St. John’s Queens Hosp., 303 AD2d 341, 342 [2003]). The court may, under appropriate circumstances, impose a sanction “even if the destruction occurred through negligence rather than wilfulness, and even if the evidence was destroyed before the spoliator became a party, provided it was on notice that the evidence might be needed for future…

2Cases cited10 opinions

  1. DiDomenico v. C & S Aeromatik Supplies, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  2. Iannucci v. RoseAppellate Division of the Supreme Court of the State of New York · 2004
  3. Holland v. W.M. Realty Management, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Puccia v. FarleyAppellate Division of the Supreme Court of the State of New York · 1999
  5. Baglio v. St. John's Queens HospitalAppellate Division of the Supreme Court of the State of New York · 2003

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Golan v. North Shore-Long IsLand Jewish Health System, Inc.Appellate Division of the Supreme Court of the State of New York · 2017
  2. Doviak v. Finkelstein & Partners, LLPAppellate Division of the Supreme Court of the State of New York · 2016
  3. Cioffi v. S.M. Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  4. Rokach v. TabackAppellate Division of the Supreme Court of the State of New York · 2017
  5. Smith v. CunninghamAppellate Division of the Supreme Court of the State of New York · 2017

2 more not listed; retrieve them via the Exa API.

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