Ingoglia v. Barnes & Noble Coll. Booksellers, Inc., 852 N.Y.S.2d 337 (N.Y. App. Div. 2008)

Key Insight: Appellate court reversed trial court?s denial of motion to dismiss complaint as sanction for spoliation, and granted motion to dismiss, where defendant’s expert found that numerous files, images, and folders, as well as some history of the plaintiff’s internet usage had been deleted between date defendant demanded inspection of plaintiff’s computer and date of inspection, and evidence showed that defendant suffered severe prejudice

Nature of Case: Defamation

Electronic Data Involved: Files on plaintiff’s home computer