Johnson v. Ayyub

Appeal from an order of the Supreme Court, Allegany County *1192(Thomas E Brown, A.J.), entered October 4, 2012. The order, among other things, denied the cross motion of defendants Mohammad Ayyub, M.D. and Wellsville Radiology, EL.L.C. for dismissal or summary judgment, on the grounds of spoliation of evidence.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this medical malpractice action seeking damages arising from the death of her husband (decedent), who died of lung cancer in May 2009. In January 2006, decedent had a…