Payano v. Milbrook Properties, Ltd.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal, as limited by their brief, from (1) so much of an order of the Supreme Court, Nassau County (DeMaro, J.), entered October 4, 2005, as granted that branch of the defendants’ cross motion which was, in effect, to preclude the plaintiffs from offering evidence at trial as to a causal relationship between the alleged accident of the plaintiff Ana Rita Payano in June 1999 and her subsequent back surgery in September 2003, based upon spoliation of evidence, and (2) so much of an order of the same court entered…