OrthoTec, LLC v. HealthpointCapital, LLC

Order, Supreme Court, New York County (Melvin L. Schweitzer, J.), entered October 2, 2012, which denied defend*473ants’ motion for spoliation sanctions, unanimously affirmed, without costs.

The motion court properly denied defendants’ motion to strike the cause of action for intentional interference with economic advantage as a sanction for spoliation since the spoliation did not deprive defendants of their ability to defend against the claim (see Suazo v Linden Plaza Assoc., L.P., 102 AD3d 570 [1st Dept 2013]; see also Melcher v Apollo Med. Fund Mgt. L.L.C., 105 AD3d 15 [1st Dept 2013]). With…