Staying Current & Competent

Category: Evidence

  • Evidence Case of the Week

    Second Department Replaces Preclusion Penalty In Spoliation Decision With Adverse Inference Charge; Dissent Would Have Affirmed The Sanction Of Preclusion  What exactly can serve as documentary evidence to support a CPLR 3211(a)(1) Spoliation is the intentional or negligent loss, destruction, or alteration of evidence. When evidence is lost, destroyed, or altered, a sanction may be…