Horror movie folklore dictates that a vampire is killed by driving a stake through its heart. Like any good horror franchise, however, somehow the vampire survives, assuming a different form in the sequel.
So it goes for the “spoliation” cause of action in New York state. The protagonist in this movie, the Court of Appeals, drove a stake through the heart of the spoliation cause of action with its decision in Ortega v. City of New York, 9 N.Y.3d 69 (2007). However, some form of the cause of action appears to have survived: A common law claim of tortious interference by an employer with an employee’s cause of action against a third party.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
