Often taken for granted as admissible evidence (which may not be the case), helpful guidance can be found in the motion court decision in I.M. Operating v. Younan on the admissibility of voicemail messages. 2018 N.Y. Misc. LEXIS 63, 2018 NY Slip Op 30025(U) (Sup. Ct. N.Y. Co. Jan. 2, 2018).

In Crocker C. v. Anne R, which contains a well-reasoned spoliation analysis of the New York Court of Appeals decision in Pegasus Aviation I v. Varig Logistica S.A., the trial court engages in a detailed analysis of proportionate spoliation sanctions balancing the misconduct and harm to the movant, focusing on both the remedial and punitive nature of spoliation sanctions. 2018 N.Y. Misc. LEXIS 430, 2018 NY Slip Op 50182(U) (Sup. Ct. Kings Co. Feb. 5, 2018).