1 Elements and Case Citations
To succeed on a spoliation motion, the moving party must show that:
- The party having control over the evidence had an obligation to preserve it at the time it was destroyed;
- The evidence was destroyed with a culpable state of mind; and
- The destroyed evidence was relevant to the party’s claim or defense such that a reasonable trier of fact could find it would support that claim or defense.
Subscribers To The New York Litigation Guide Can See:
- The rest of the elements for this cause of action;
- The citations to the most recent state and federal court cases citing the cause of action;
- The statute of limitations; and
- The defenses to this cause of action.
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