Santorelli v. Apple & Eve, L.P.

In an action, inter alia, to recover damages for personal injuries arising from strict products liability, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated March 12, 2001, as denied his cross motion to strike the respective answers of the defendants Apple & Eve, L.P., and Johanna Foods, Inc., based on their alleged spoliation of evidence.

Ordered that the appeal from so much of the order as denied that branch of the cross motion which was to strike the answer of the defendant Johanna Foods, Inc., is dismissed as…