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PEGASUS v. VARIG LOGISTICA

No. 153

26 N.Y.3d 543 (2015)

46 N.E.3d 601

2015 NY Slip Op 09187

PEGASUS AVIATION I, INC., et al., Appellants, v. VARIG LOGISTICA S.A., Defendant, and MATLINPATTERSON GLOBAL ADVISERS, LLC, et al., Respondents.

Court of Appeals of New York.

Decided December 15, 2015.

Attorney(s) appearing for the Case

Coblentz Patch Duffy & Bass LLP, San Francisco, California ( Richard R. Patch , of the California bar, admitted pro hac vice, of counsel), and Skarzynski Black LLC, New York City ( James T. Sandnes and Aron M. Zimmerman of counsel), for appellants.

Simpson Thacher & Bartlett LLP, New York City ( Thomas C. Rice , Roy L. Reardon and Isaac M. Rethy of counsel), and Bracewell & Giuliani LLP, New York City ( Michael C. Hefter , Kelly Koscuiszka and David A. Shargel of counsel), for respondents.

OPINION OF THE COURT

A party that seeks sanctions for spoliation of evidence must show that the party having control over the evidence possessed an obligation to preserve it at the time of its destruction, that the evidence was destroyed with a "culpable state of mind," and ...

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