In Kirkland v. New York City Hous. Auth. (236 AD2d 170 [1st Dept 1997]), the Appellate Division, First Department held that: "Under New York law, spoliation sanctions are appropriate where a litigant, intentionally or negligently, disposes of crucial items of evidence involved in an accident before the adversary has an opportunity to inspect them. We have found dismissal to be a viable remedy for loss of a 'key piece of evidence' that thereby precludes inspection."