Lipco Electrical Corp. v. ASG Consulting Corp.

In two related actions, inter alia, to recover damages for breach of contract, the plaintiffs in action No. 1 and the defendants in action No. 2 appeal from an order of the Supreme Court, Nassau County (Driscoll, J.), entered February 2, 2012, which *688denied their motion for summary judgment dismissing the complaint in action No. 2, pursuant to CPLR 3126 to strike the defendants’ answer in action No. 1, and for an award of sanctions based on the spoliation of evidence.

Ordered that the order is affirmed, with costs.

“[A] contract entered into in violation of a statute is an unlawful undertaking…