Scarano v. Bribitzer

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Richmond County (McMahon, J.), dated January 8, 2007, which granted the defendants’ separate motions to dismiss the complaint insofar as asserted against each of them on the ground of spoliation of evidence to the extent of precluding him from offering evidence at trial with respect to any head injuries allegedly sustained as a result of the accident.

Ordered that the order is modified, on the law, the facts, and in exercise of discretion, by deleting the provisions thereof granting…