In VOOM HD Holdings, LLC v. EchoStar Satellite, LLC, 93 A.D.3d 33 (1st Dept. 2012], the Court specifically adopted the standards set forth in Zubulake v. Warburg, LLC 220 FRD 212, 218 (SDNY 2003) that (a) party seeking sanctions based on the spoliation of evidence must demonstrate: (1) that the party with control over the evidence had an obligation to preserve it at the time it was destroyed; (2) that the records were destroyed with a culpable state of mind'; and finally; (3) that the destroyed evidence was relevant to the party's claim or defense such that the trier of fact could find that the evidence would support that claim or defense."