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 A&E) 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...
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