Opinion
2829N.
Decided February 10, 2004.
Order, Supreme Court, Bronx County (Bertram Katz, J.), entered July 11, 2002, which denied defendants' motion to renew a prior order granting plaintiff's motion to strike defendants' answer on the ground of spoliation of evidence, unanimously affirmed, without costs.
Neil R. Finkston, for Plaintiff-Respondent.
Scott C. Watson, for Defendants-Appellants.
Before: Tom, J.P., Andrias, Sullivan and Lerner, JJ.
Defendants fail to explain why they did not submit the newly submitted materials on the prior motion (CPLR 2221[e][3]). In any event, were we to consider these materials, we would adhere to our prior decision affirming the striking of defendants' answer ( 303 A.D.2d 198).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.