Search for: "Pegasus Aviation I, Inc. v Varig Logistica S.A." Results 1 - 5 of 5
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29 Jan 2024, 3:45 am by Andrew Lavoott Bluestone
“A party that seeks sanctions for spoliation of evidence must show that the party having control over the evidence possessed an obligation to preserve it at the time of its destruction, that the evidence was destroyed with a culpable state of mind, and that the destroyed evidence was relevant to the party’s claim or defense such that the trier of fact could find that the evidence would support that claim or defense” (Pegasus Aviation I, Inc.… [read post]
2 Apr 2021, 12:39 pm by Joel R. Brandes
Varig Logistica S.A., 26 N.Y.3d at 547, 26 N.Y.S.3d 218, 46 N.E.3d 601). [read post]
22 Dec 2019, 2:06 pm by Franklin C. McRoberts
The most recent pronouncement by New York’s highest court on evidence spoliation came in Pegasus Aviation I, Inc. v Varig Logistica, S.A., 26 NY3d 543 [2015]. [read post]