Bow v. J-A Concessions, Inc.

—Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied plaintiff’s motion seeking sanctions, including striking defendant’s answer, and summary judgment on liability on the ground that defendant discarded or destroyed evidence crucial to plaintiff’s case. Plaintiff rented a mountain bike on August 2, 1997 from defendant at Allegany State Park and was injured when the front tire suddenly became flat, causing plaintiff to fall head-first over the front of the bicycle. An employee of defendant retrieved the bicycle from the scene of the accident and, pursuant to…