Sanctions for Spoliation of Evidence Denied

Stephen V. Morello, a partner at Chesney & Nicholas, LLP was successful in the Appellate Division, Second Department in having the plaintiff’s motion which sought sanctions for spoliation of evidence denied. Mr. Morello was defending a dentist and periodontist regarding a claim concerning a failed implant. The plaintiff alleged that the defendants spoliated evidence, that is a pre-extraction mandibular study model. The defense argued that the starting model was destroyed by the dental laboratory in the fabrication of the denture. The Supreme Court, Nassau County initially denied the motion and again denied it on re-argument. The plaintiff appealed and the Appellate Division, Second Department affirmed the lower court and found that the evidence was insufficient in that the defendants intentionally or negligently failed to preserve evidence and that the defendants had control over it.