McKain v. Metropolitan Transportation Authority

*505—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Schmidt, J.), dated June 30, 1999, which granted the defendants’ motion for summary judgment dismissing the complaint and denied their cross motion, in effect, to impose a sanction upon the defendants for the spoliation of evidence.

Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. The defendants established a prima facie case showing entitlement to judgment in…