Ordered that the cross appeal from so much of the order as deferred determination, until the trial of the action, of that branch of the plaintiff's motion which was to direct that an adverse inference charge be given at trial is dismissed, without costs or disbursements; and it is further,
Ordered that the order is affirmed insofar as reviewed, without costs or disbursements.
"Under the common-law doctrine of spoliation, when a party negligently loses or intentionally...
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