Fernandez v Port Auth. of N.Y. & N.J.

Holding The court reversed the lower court’s denial of the plaintiff’s motion for sanctions, finding that a triable issue of fact existed regarding whether the defendant Jet Blue spoliated video evidence after receiving a preservation demand. The court directed that an adverse inference charge be given at trial if the trier of fact determines that spoliation occurred.

The court’s words

the plaintiff demonstrated that Jet Blue was on notice as of August 19, 2021, that it had an obligation to preserve the video surveillance footage

2026 NY Slip Op 05518, at the official text

the affidavit of Jet Blue's employee raised an issue of fact as to whether the video surveillance footage was destroyed before or after Jet Blue's obligation to preserve it arose

2026 NY Slip Op 05518, at the official text

the appropriate sanction for any such spoliation of evidence would be an adverse inference charge against Jet Blue

2026 NY Slip Op 05518, at the official text