In Voom HD Holdings LLC v. EchoStar Satellite L.L.C., No. 600292/08 (1st Dep't Jan. 31, 2012), the First Department became the first New York state appellate court to adopt the preservation of evidence standard set forth in Zubulake v. UBS Warburg LLC, 220 F.R.D. 212, 218 (S.D.N.Y. 2003).
In Zubulake, Judge Shira Scheindlin held that, "[o]nce a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of relevant documents."