Reino de Espana v. Am. Bureau of Shipping, 2007 U.S. Dist. LEXIS 41498, at * 15-16 (S.D.N.Y. June 1, 2007).
On Defendant’s motion to dismiss for spoliation of evidence, the Court found insufficient evidence demonstrating bad faith, willfulness or gross negligence by Plaintiff to warrant such a harsh remedy. The Court did find that Plaintiff negligently failed to implement a timely litigation hold, however, failed to establish by sufficient evidence that the missing records would have been unfavorable to the spoliator.