Fraser v Cornelius

Holding The court affirmed the denial of sanctions for spoliation because the plaintiff failed to establish that the defendant was involved in the destruction of the fence or that it occurred after the duty to preserve arose. Additionally, the court denied the motion to dismiss the affirmative defenses of comparative negligence, finding that the plaintiff failed to prove those defenses were without merit as a matter of law.

The court’s words

sanctions were not warranted against defendant inasmuch as he had no involvement in destroying or removing the fence

2026 NY Slip Op 04594, at the official text

plaintiff failed to establish that the fence was destroyed or removed after the obligation to preserve the fence arose

2026 NY Slip Op 04594, at the official text

plaintiff failed to establish that the affirmative defenses are without merit as a matter of law

2026 NY Slip Op 04594, at the official text