Ordered that the order is affirmed insofar as appealed from, with costs, and, upon searching the record, summary judgment is awarded to the defendant dismissing the cause of action to recover damages for spoliation of evidence insofar as asserted by the plaintiff Manuel Peralta.
We reject the plaintiffs' contention that they have a cause of action to recover damages for spoliation of evidence (see MetLife Auto & Home v Joe Basil Chevrolet,
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