Santorelli v. Apple & Eve, LP

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 January 23, 2003, as denied his motion for leave to renew his prior motion to strike the answers of the defendants Apple & Eve, LR and Johanna Foods, Inc., based upon their alleged spoliation of evidence.

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

Contrary to the plaintiff’s contention, the Supreme Court properly denied his motion…