Opinion
Argued October 31, 2000.
December 27, 2000.
In an action to recover damages for medical malpractice, the defendant appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated October 19, 1999, which denied his motion for summary judgment dismissing the complaint.
Congdon, Flaherty, O'Callaghan, Reid, Donlon, Travis Fishlinger, Garden City, N.Y. (Kathleen Foley of counsel), for appellant.
Arthur G. Nevins, Jr., New York, N.Y., for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
The defendant's motion for summary judgment dismissing the complaint based on the plaintiff's alleged spoliation of evidence was properly denied (see, Ahmad v. Babylon Ford, Inc., 278 A.D.2d 459 [2d Dept., Oct. 10, 2000]; McKain v. Metropolitan Transp. Auth., 274 A.D.2d 504 [2d Dept., July 24, 2000]; DiDomenico v. C S Aeromatick Supplies, 252 A.D.2d 41).
The defendant's remaining contentions are without merit.