New York Court of Appeals

Castalia Ortega, Appellants v. City of New York, Respondent

October 16, 20079 N.Y.3d 69

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that New York does not recognize an independent tort of third‑party negligent spoliation of evidence, that the City’s contempt claim must be pursued in the court that issued the preservation order, and that Ortega, not a party to the preservation proceeding, cannot assert a spoliation claim against the City.