Fuchs & Bergh, Inc. v. Lance Enterprises, Inc.

In an action, inter alia, to recover damages resulting from the discharge of petroleum pursuant to Navigation Law § 181, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Jones, J.), dated November 26, 2008, which, in effect, denied that branch of their motion which was to strike the defendants’ answer based on spoliation of evidence and denied that branch of their motion which was, in the alternative, to preclude the defendants from offering certain evidence at trial based on spoliation of evidence.

Ordered that the order is affirmed, with costs.

The plaintiffs…