Hoffman v. United Methodist Church

*542In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Rebolini, J.), dated July 9, 2009, which granted the defendant’s motion for summary judgment dismissing the complaint and denied their cross motion to strike the answer pursuant to CPLR 3126 based on spoliation of evidence.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the defendant’s motion for summary judgment dismissing the complaint and substituting therefor a provision denying the motion; as so modified, the…