Appeal from an order of the Supreme Court, Erie County (John M. Curran, J.), entered December 15, 2006. The order, insofar as appealed from, denied in part third-party defendant’s motion for the imposition of spoliation sanctions and for summary judgment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present—Gorski, J.P., Smith, Centra, Lunn and Peradotto, JJ. [See 13 Misc 3d 1241(A), 2006 NY Slip Op 52204(D) (2006).]