The motion court providently exercised its discretion in granting plaintiffs an adverse inference as a spoliation sanction. Plaintiffs established that defendants possessed an obligation to preserve the evidence at the time of its destruction and that the evidence was destroyed with a "culpable state of mind," i.e., gross negligence, which raises the presumption of relevance (see Pegasus Aviation I, Inc. v Varig Logistica S.A.,
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SIRAS PARTNERS LLC v. ACTIVITY KUAFU HUDSON YARDS LLC
650868/15, 9157N, 850216/15, 9156.
171 A.D.3d 680 (2019)
100 N.Y.S.3d 218
2019 NY Slip Op 03303
Siras Partners LLC et al., Respondents, v. Activity Kuafu Hudson Yards LLC et al., Appellants, et al., Defendants. 462-470 11th Avenue LLC, Plaintiff, v. Bifrost Land LLC et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided April 30, 2019.
Decided April 30, 2019.
Appellate Division of the Supreme Court of New York, First Department.
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