New York State does not recognize spoliation of evidence as an independent cause of action. Therefore, the plaintiff's separate count for spoliation fails to state a claim for which relief can be granted.

The plaintiff went for a walk carrying her rifle. She set it down to climb over a tree. When she picked it up, it discharged, causing injuries to her hand and abdomen. In an amended complaint, the plaintiff alleged that the defendants destroyed documents and other physical evidence relating to the rifle to avoid liability.

Case Law Alerts - 2nd Quarter 2013