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METLIFE v. BASIL CHEVROLET

1 N.Y.3d 478 (2004)

807 N.E.2d 865

775 N.Y.S.2d 754

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

Court of Appeals of the State of New York.

Decided February 24, 2004.

Attorney(s) appearing for the Case

Regan & Regan, Buffalo (Lawrence J. Regan of counsel), for appellant.

Kenney, Shelton, Liptak & Nowak, L.L.P., Buffalo (Nelson E. Shule, Jr., Joanneke K.M. Brentjens and Michael C. O'Neill of counsel), for Joe Basil Chevrolet, Inc., respondent.

Gibson, McAskill & Crosby, LLP, Buffalo (Victor Alan Oliveri and Timothy J. Graber of counsel), for Royal Insurance Company, respondent.

Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO and READ concur; Judge R.S. SMITH taking no part.

OPINION OF THE COURT

G.B. SMITH, J.

The primary issue here is whether New York State should recognize a cause of action for third-party negligent spoliation of evidence and impairment of a claim or defense as an independent tort. We decline to recognize it on these facts.

In March 2000, a fire started in a 1999 Chevrolet Tahoe owned by defendant Joe Basil Chevrolet, Inc., and used, with permission, by Michael...

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