Wade Clark Mulcahy LLP

New York's highest court has ruled that negligent spoliation of evidence is not an independent tort. Thus, a plaintiff cannot file a separate cause of action for negligent spoliation, but traditional remedies of striking pleadings or imposing other sanctions within the context of pending litigation remain available to aggrieved parties.
<a href="http://www.nycourts.gov/ctapps/decisions/oct07/118opn07.pdf">http://www.nycourts.gov/ctapps/decisions/oct07/118opn07.pdf</a>