It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: In this action pursuant to Navigation Law article 12, defendant appeals from an order that, inter alia, denied its cross motion insofar as it sought summary judgment dismissing the complaint or, in the alternative, preclusion of certain evidence as a spoliation sanction. We affirm.
Contrary to defendant's contention, Supreme Court properly denied defendant...
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