Pegasus Aviation I, Inc. v. Varig Logistica S.A.

I respectfully dissent. The majority properly relies upon VOOM HD Holdings LLC v EchoStar Satellite L.L.C. (93 AD3d 33, 45 [1st Dept 2012]) for the proposition that a party seeking sanctions for spoliation of evidence must establish three facts: (1) that the party with control over the destroyed evidence had the obligation to preserve it; (2) that the evidence was destroyed with a culpable state of mind; and (3) that the evidence was relevant to — or, in other words, would have supported — the party’s claim. Like the majority, I conclude that the courts below correctly determined that the…