Significant New York state court decisions have recently been rendered on the issue of spoliation of electronically stored information (ESI).
The Appellate Division, First Department, in Ahroner v. Israeli Discount Bank of New York,1 which affirmed that an adverse inference instruction under the circumstances was an appropriate sanction for ESI spoliation, set forth the standard needed to demonstrate that ESI spoliation has occurred and made clear that grossly negligent conduct may serve as a predicate for such a sanction.
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