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IDT CORPORATION v. MORGAN STANLEY DEAN WITTER & CO.

63 A.D.3d 583 (2009)

882 N.Y.S.2d 60

IDT CORPORATION, Appellant, v. MORGAN STANLEY DEAN WITTER & CO. et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 25, 2009.

The issue on this appeal is whether cognizable claims for fraudulent misrepresentation and fraudulent concealment may be based on intentional spoliation of evidence, notwithstanding that New York does not recognize an independent tort of third-party negligent spoliation. We conclude that intentional spoliation of evidence may be the basis for such claims.

Plaintiff IDT, a telecommunications company, alleged in its original complaint that Morgan Stanley, its former...

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