| Washington v Church & Nostrand Apparel Corp. |
| 2025 NY Slip Op 03096 [238 AD3d 1096] |
| May 21, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Francis Washington, Appellant, v Church & Nostrand Apparel Corp., Respondent. |
Law Offices of Gerald P. Gross, P.C., Cedarhurst, NY, for appellant.
McMahon, Martine & Gallagher, LLP, Brooklyn, NY (Deirdre Egan and Daniel Reiser of counsel), for respondent.
In an action, inter alia, to recover damages for assault, battery, and negligent hiring, retention, and supervision, the plaintiff appeals from an order of the Supreme Court, Kings County (Lawrence Knipel, J.), dated April 21, 2023. The order denied the plaintiff's motion pursuant to CPLR 3126, among other things, to strike the defendant's answer for spoliation of evidence.
Ordered that the appeal is dismissed, without costs or disbursements.
The appeal must be dismissed because the order appealed from was superseded by an order dated June 9, 2023, made upon reargument (see Washington v Church & Nostrand Apparel Corp., 238 AD3d 1096 [2025] [decided herewith]). Iannacci, J.P., Christopher, Warhit and Golia, JJ., concur.