DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
The plaintiffs, who planned to open a pizzeria, claim that the appellant negligently installed a gas line to a pizza oven that exploded when they attempted to light it. The appellant contends that the Supreme Court erred in denying its motion for summary judgment dismissing the complaint insofar as asserted against it on the ground of spoliation of evidence based on its claim that the plaintiffs had allegedly lost or destroyed the pizza oven. The appellant, however, failed to show that the subject oven could no longer be located and inspected, or the manner in which it was prejudiced by the alleged loss. The Supreme Court directed the plaintiffs to provide the appellant with the factual and data portions of their expert's report, and the appellant has photographs of the oven. Under the circumstances, it was not an improvident exercise of discretion to deny the appellant's motion for summary judgment dismissing the complaint insofar as asserted against it (see, Hartford Fire Ins. Co. v. Regenerative Bldgs. Constr., 271 A.D.2d 862; Gallo v. Bay Ridge Lincoln Mercury, 262 A.D.2d 450; McPherson v. Van Kouwenberg, 258 A.D.2d 885; Popfinger v. Terminix Int'l Co., 251 A.D.2d 564; cf., New York Cent. Mut. Fire Ins. Co. v. Turnerson's Elec., ___ A.D.2d ___ [decided herewith]).
The parties' remaining contentions are without merit (see, Vecchio v. Colangelo, 274 A.D.2d 469).