Appellate Division of the Supreme Court of the State of New York September 11, 2007 (Hernandez v. City of New York)

In an action, inter alia, to recover damages for assault and battery, the plaintiff appeals from an *869order of the Supreme Court, Queens County (Elliot, J.), dated July 15, 2005, which denied his motion, among other things, to strike the defendants’ answer on the ground of spoliation of evidence.

Ordered that the order is affirmed, with costs.