Although the state of New York is the fourth largest state based on population, its state courts are by far the busiest in the country. It therefore is unsurprising that it is also the state with the most spoliation disputes litigated in its courts. Between December 2015 and December 2020, there were 226 disputes about spoliation, or the destruction of evidence, decided in the state courts of New York. Like the number of lawsuits filed generally, the number of spoliation disputes decided in various state courts pales in comparison to the number decided in New York.

A spoliation dispute raises new tangential issues, delays proceedings, and if the court finds spoliation, may result in an adverse inference or monetary sanctions against the “guilty” party. In extreme circumstances, a case may be dismissed. Therefore, understanding spoliation risk in a particular jurisdiction, especially New York, where there tends to be a greater number of spoliation disputes, is critical. It can help inform the adoption and implementation of preventative measures, such as document retention protocols, and one’s defense strategy if a spoliation claim is brought.