Jennings v. Orange Regional Medical Center

*655In an action, inter alia, to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Slobod, J.), dated November 21, 2011, as granted the plaintiffs motion pursuant to CPLR 3126 to strike its answer on the ground of spoliation of evidence to the extent of precluding it from offering certain evidence at trial.

Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting the plaintiffs motion to the extent of precluding the defendant from…