Barlow v. Werner Co.

—In an action to recover damages for personal injuries, etc., the third-party defendant appeals (1), as limited by its brief, from so much of an order of the Supreme Court, Richmond County (Maltese, J.), dated May 23, 2001, as granted its motion to dismiss the complaint pursuant to CPLR 3126 based on the plaintiffs’ spoliation of evidence only to the extent of directing that the trial court give a negative inference charge against the plaintiffs, and (2) from an order of the same court, dated November 15, 2001, which, in effect, denied its motion to dismiss the complaint pursuant to CPLR 3126…