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METLIFE AUTO & HOME v. BASIL

303 A.D.2d 30 (2002)

753 N.Y.S.2d 272

METLIFE AUTO & HOME, as Subrogee of MICHAEL BASIL, Appellant, v. JOE BASIL CHEVROLET, INC., et al., Respondents, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 30, 2002.

Attorney(s) appearing for the Case

Regan & Regan, Buffalo (Christopher A. Spence of counsel), for appellant.

Kenney, Kanaley, Shelton & Liptak, L.L.P, Buffalo (Joanneke K.M. Brentjens of counsel), for Joe Basil Chevrolet, Inc., respondent.

Gibson, McAskill & Crosby, LLP, Buffalo (Kathleen M. Sweet of counsel), for Royal Insurance Company, respondent.

HAYES, J.P., HURLBUTT, BURNS and LAWTON, JJ., concur.

OPINION OF THE COURT

KEHOE, J.

The issue before us, one not yet considered by the Court of Appeals or this Court, is whether to recognize a cause of action for a negligent or reckless act of spoliation of evidence committed by one not a party or a potential party to the underlying claim to which the spoliated evidence relates. Under the circumstances presented, we decline to recognize a cause of action for "third-party spoliation" of evidence/impairment...

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