Client Alert

| July 15, 2009

New York Appellate Court Holds That Intentional Spoliation of Evidence May Serve as the Basis for a Claim of Fraudulent Misrepresentation and Concealment

It has long been the law in New York that spoliation of evidence is not recognized as an independent tort. On June 25, 2009, a New York intermediate appellate court sitting in Manhattan clarified this rule by holding that while there may be no independent tort of third-party negligent spoliation, intentional spoliation of evidence may provide the basis for claims of fraudulent misrepresentation and fraudulent concealment. IDT Corp. v. Morgan Stanley Dean Witter & Co., No. 603710/04, 2009 N.Y. Slip Op. 05253 [(App. Div. 1st Dep’t (June 25, 2009)].

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Larry P. Schiffer

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