In four related actions to recover damages for personal injuries which were joined for discovery and trial, Townsend Manor Inn, Inc., a defendant in action Nos. 1 and 2, appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Molía, J.), dated January 29, 2009, as denied its motion to dismiss the complaint in action No. 2 insofar as asserted against it as a sanction for spoliation of evidence and for summary judgment on its cross claims against Anthony Pergolizzi, a defendant in action No. 1 and the plaintiff in action Nos. 2 and 4, and Ferrandino & Son, Inc., and Ferrandino & Son Environmental, Inc., the defendants in action Nos. 3 and 4, appeal, as limited by their brief, from so much of the same order as denied their cross motion to dismiss the complaint in action No. 4 as a sanction for spoliation of evidence, for summary judgment dismissing the complaint in action No. 4, and for summary judgment on their cross claims against Anthony Christopher Pergolizzi in action No. 4.
On August 29, 2004, Darlene Fossing, the plaintiff in action Nos. 1 and 3, was a passenger on board a boat owned and operated by Anthony Christopher Pergolizzi, a defendant in action No. 1 and the plaintiff in action Nos. 2 and 4. During or upon completion of refueling of the boat at a marina operated by the Townsend Manor Inn, Inc. (hereinafter Townsend), a defendant in action Nos. 1 and 2, in Greenport, the boat caught fire. As a result of an explosion, or as a result of attempting to extinguish the fire, or as a result of both, Fossing and Pergolizzi allegedly sustained multiple burn injuries. Several months before the alleged accident, Ferrandino & Son, Inc., and/or Ferrandino & Son Environmental, Inc., the defendants in action Nos. 3 and 4, installed certain equipment at the marina pursuant to a contract with Townsend.
Although Pergolizzi conceded that he discarded the subject boat, despite a court order to maintain it for discovery and inspection, the appellants did not demonstrate that, as a result, they are “prejudicially bereft of the means of prosecuting” their own claims or of defending themselves against those claims brought against them by Fossing and Pergolizzi (Weber v Harley-Davidson Motor Co., Inc., 58 AD3d 719, 722 [2009] [internal quotation marks omitted]; see Kirschen v Marino, 16 AD3d 555, 556 [2005]). Therefore, the Supreme Court providently exercised its discretion in, inter alia, declining to strike Pergolizzi’s complaints as a sanction for spoliation of evidence (see Weber v Harley-Davidson Motor Co., Inc.,. 58 AD3d at 722; E.W. Howell Co., Inc. v S.A.F. La Sala Corp., 36 AD3d 653, 654-655 [2007];
We note that any contentions raised by Fossing on behalf of Pergolizzi have not been considered because her contentions are not properly before this Court.
The appellants’ remaining contentions are without merit. Rivera, J.P., Santucci, Eng and Chambers, JJ., concur.