Ortega v. City of New York

In an action, inter alia, to recover damages for spoliation of evidence, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Solomon, J.), dated February 16, 2006, as denied that branch of their motion which was for summary judgment on the issue of liability on the cause of action to recover damages for spoliation, and searched the record and awarded summary judgment to the defendant dismissing that cause of action insofar as asserted by the plaintiff Castalia Ortega.

Ordered that the order is affirmed insofar as appealed from, with…