Ordered that the appeal from the order dated September 11, 1996, is dismissed as that order was superseded by the order dated February 3, 1997, made upon reargument and renewal; and it is further,
Ordered that the order dated February 3, 1997, is affirmed insofar as appealed from; and it is further,
Ordered that the respondents are awarded one bill of costs.
Under the circumstances presented, the Supreme Court providently exercised its discretion in striking the plaintiff's complaint as a sanction for his failure to preserve evidence crucial to the defense of the case ( see, Kirkland v. New York City Hous. Auth., 236 A.D.2d 170; Abar v. Freightliner Corp., 208 A.D.2d 999; see also, Brancaccio v. Mitsubishi Motors Co., US Dist Ct, SD NY, Aug. 31, 1992, Sweet, J. [1992 WL 189937]; Thiele v. Oddy's Auto Mar., 906 F. Supp. 158).
We have reviewed the plaintiff's remaining contentions and find them to be without merit.
Thompson, J.P., Krausman, Goldstein and Luciano, JJ., concur.