Opinion
2003-01305.
Decided April 19, 2004.
In an action, inter alia, to recover damages for personal injuries arising from strict products liability, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated January 23, 2003, as denied his motion for leave to renew his prior motion to strike the answers of the defendants Apple Eve, LP, and Johanna Foods, Inc., based upon their alleged spoliation of evidence.
Brody, O'Connor O'Connor, Northport, N.Y. (Thomas M. O'Connor of counsel), for appellant.
Ohrenstein Brown, LLP, Garden City, N.Y. (Sean P. Dwyer of counsel), for respondents.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly denied his motion for leave to renew his prior motion to strike the answers of the defendants Apple Eve, LP (hereinafter AE) and Johanna Foods, Inc. (hereinafter Johanna), based upon their alleged spoliation of evidence. The decision and order of this court that reversed an order of the Supreme Court, and inter alia, granted Johanna's motion for summary judgment, and the prior order of the Supreme Court granting summary judgment to AE, have rendered his motion academic ( see Santorelli v. Apple Eve, 282 A.D.2d 731; Santorelli v. Apple Eve, 290 A.D.2d 499; Ramirez v. Sears, Roebuck Co., 286 A.D.2d 428; Cannistra v. O'Connor, McGuinness, Conte, Doyle, Oleson Collins, 286 A.D.2d 314; Nuila v. Manhattan Leasing Group, 204 A.D.2d 290).
SANTUCCI, J.P., FLORIO, SCHMIDT and MASTRO, JJ., concur.