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The lawsuit that shoulda, coulda been

“All The Woulda-Coulda-Shouldas Layin’ In The Sun, Talkin’ ‘Bout The Things They Woulda-Coulda-Shoulda Done.” — Shel Silverstein Nearly two weeks ago, in Ortega v. City of New York, 2007 N.Y. Slip Op. 07741, the New York State Court of Appeals considered the unresolved issue of whether New York State recognizes the tort of third-party negligent spoliation of evidence. At issue in ...