Independent Temperature Control Services, Inc. v. WDF, Inc.

In an action, inter alia, to recover damages for breach of contract, the defendants WDF, Inc., and Fidelity and Deposit Company of Maryland appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated March 6, 2013, as denied that branch of their motion which was for sanctions against the defendant M.A. Angeliades, Inc., for spoliation of evidence.

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

The Supreme Court providently exercised its discretion in denying that branch of the motion of the defendants WDF, Inc.,…