Scivoli v. Levit

In an action to recover damages for personal injuries, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Jackson, J.), dated May 28, 2009, as denied those branches of his motion which were for summary judgment dismissing the complaint insofar as asserted against him as time-barred, pursuant to CPLR 3211 (a) (7) to dismiss the fourth cause of action to recover damages for negligent hiring, and to impose sanctions based upon the plaintiffs alleged spoliation of evidence.

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