UMS Solutions, Inc. v. Biosound Esaote, Inc.

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from so much of an order of the Supreme Court, Westchester County (Scheinkman, J.), entered January 22, 2015, as denied that branch of their motion which was for leave to renew their opposition to the motion of the defendants Jeff Fishel, Michael Collins, and Vetel Diagnostics, Inc., pursuant to CPLR 3126 to strike the complaint on the ground of spoliation of evidence, which had been granted in an order of the same court entered October 9, 2012.

Ordered that the order entered January 22, 2015, is…