Ashford v. Tannenhauser

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Queens County (Hart, J.), entered October 15, 2012, which denied their motion for summary judgment dismissing the complaint and granted the plaintiffs’ cross motion, in effect, to strike the defendants’ answer based on the defendants’ alleged spoliation of evidence, and thereupon for summary judgment on the issue of liability.

Ordered that the order is reversed, on the law, with costs, the defendants’ motion for summary judgment dismissing the complaint is granted, and the…