Court of Appeals of New York
METLIFE AUTO & HOME v. JOE BASIL CHEVROLET, INC., 5
New York does not recognize a cause of action for third-party negligent spoliation of evidence and impairment of a claim or defense as an independent tort. The burden of forcing a party to preserve when it has no notice of an impending lawsuit, and the difficulty of assessing damages, militate against establishing such a cause of action here, where there is no duty, court order, contract or special relationship.
Appellate Information
- Decided 02/24/2004
- Published 02/24/2004
Judges
Court
- Court of Appeals of New York