Hussain v. Nowak

Appeal from an order of the Supreme Court, Erie County (Gerald J. Whalen, J.), entered August 11, 2006. The order, insofar as appealed from, denied plaintiffs’ motion to strike defendants’ answer for spoliation of evidence.

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

Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by plaintiff Alia Hussain when her hand became caught on a wire flag holder attached to defendants’ mailbox. Plaintiffs moved to strike defendants’ answer for spoliation of…