Horror movie folklore dictates that a vampire is killed by driving a stake through its heart. Like any good horror franchise, however, somehow the vampire survives, assuming a different form in the sequel.
So it goes for the “spoliation” cause of action in New York state. The protagonist in this movie, the Court of Appeals, drove a stake through the heart of the spoliation cause of action with its decision in Ortega v. City of New York, 9 N.Y.3d 69 (2007). However, some form of the cause of action appears to have survived: A common law claim of tortious interference by an employer with an employee’s cause of action against a third party.
