Molinari v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Richmond County (Gigante, J.), dated July 6, 2006, as, upon granting the plaintiffs’ motion for leave to reargue their motion to strike the defendants’ answer based on spoliation of evidence, which was denied by order dated January 10, 2006, in effect, granted the plaintiffs’ motion to strike the answer and vacated the order dated January 10, 2006.
Ordered that the order is modified, on the law, by deleting the provision thereof which, upon…
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