Kulhan v. Minxray, Inc.

—In an action to recover damages for personal injuries, the defendant Surgical Supply Service appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (DiBlasi, J.), dated October 16, 1997, as denied its cross motion, inter alia, to dismiss the complaint insofar as asserted against it on the ground of spoliation of evidence.

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

The plaintiff allegedly sustained physical injuries when the X-ray machine she was using in examining a patient disassembled, striking her. As a result, the…