McAllister v. Renu Industrial Tire Corp.

—In an action to recover damages for "fraudulent and intentionally tortious conduct” based upon the destruction of evidence, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (McCabe, J.), dated March 3, 1992, as granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

On August 12, 1988, the plaintiff, during the course of his employment, was injured when a split-rim multi-piece tire assembly on which the plaintiff was working exploded.

While…