Opinion
Submitted September 13, 2000
October 10, 2000.
In an action, inter alia, to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated August 5, 1999, which denied its motion pursuant to CPLR 3126 to dismiss the complaint.
Garbarini Scher, P.C., New York, N.Y. (William D. Buckley of counsel), for appellant.
Richard M. Levy Associates, Merrick, N.Y. (Adam F. Raclaw of counsel), for respondents.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The Supreme Court properly denied the defendant's motion pursuant to CPLR 3126 to dismiss the complaint which was based on the plaintiffs' alleged spoliation of evidence (see, Gallo v. Bay Ridge Lincoln Mercury, 262 A.D.2d 450; Popfinger v. Terminix Intl. Co. Ltd. Partnership, 251 A.D.2d 564; see also, Prasad v. B.K. Chevrolet, 184 A.D.2d 626).