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ORTEGA v. CITY OF NEW YORK

9 N.Y.3d 69 (2007)

876 N.E.2d 1189

845 N.Y.S.2d 773

CASTALIA ORTEGA et al., Appellants, v. CITY OF NEW YORK, Respondent.

Court of Appeals of the State of New York.

Decided October 16, 2007.

Attorney(s) appearing for the Case

Trief & Olk, New York City (Barbara E. Olk of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City (Scott Shorr and Barry P. Schwartz of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

GRAFFEO, J.

In this case we address an issue left open in MetLife Auto & Home v Joe Basil Chevrolet (1 N.Y.3d 478 [2004]): whether New York recognizes the tort of third-party negligent spoliation of evidence. We conclude that the tort is not cognizable in this state.

In October 2003, plaintiff Castalia Ortega purchased a 1987 Ford minivan...

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