Palmer-Williams v Rubin, 2020 NY Slip Op 05517 [187 AD3d 772]

October 7, 2020

Appellate Division, Second Department

[*1]

Zelma Palmer-Williams, Respondent,

v

Michael R. Rubin et al., Defendants, and Nadereh Rafat et al., Appellants.

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, New York, NY (Samantha E. Quinn of counsel), for appellants.

Meagher & Meagher, P.C., White Plains, NY (Merryl F. Weiner of counsel), for respondent.

In an action, inter alia, to recover damages for medical malpractice, the defendants Nadereh Rafat and Nadereh Rafat, M.D., P.C., appeal from an order of the Supreme Court, Westchester County (Joan B. Lefkowitz, J.), dated July 14, 2017. The order, insofar as appealed from, granted that branch of the plaintiff’s motion which was to impose sanctions upon the defendants Nadereh Rafat and Nadereh Rafat, M.D., P.C., for spoliation of evidence to the extent of directing an adverse inference charge at the time of trial.

Ordered that the appeal is dismissed as academic in light of our determination on a related appeal ( see Palmer-Williams v Rubin , 187 AD3d 773 [2020] [decided herewith]), in which the order before us on this appeal is being vacated. Balkin, J.P., Leventhal, Hinds-Radix and LaSalle, JJ., concur..