Appellate Division of the Supreme Court of the State of New York May 3, 2012 (Kittay v. Moskowitz)

Order, Supreme Court, Bronx County (Kenneth L. Thompson, J.), entered July 5, 2011, which granted defendant Herbert Moskowitz’s motion for summary judgment dismissing the complaint as against him, denied plaintiffs cross motions for leave to amend his bill of particulars, for spoliation sanctions, and to dismiss defendant Hudson River International LLC’s (HRI) ninth affirmative defense, and