In DiDomenico v. C & S Aeromatik Supplies (252 AD2d 41), the Appellate Division, Second Department, approved the striking of an answer and cross claims based upon the employer's spoliation of all of the physical evidence thereby impairing the plaintiff employee's right to sue a third-party tortfeasor, and granted summary judgment to a codefendant because the employer also was responsible for the destruction of all the evidence by which the codefendant might have defended itself against the plaintiff's allegations. The Court granted the plaintiff employee's summary judgment motion on his common-law cause of action against his employee, as well as the defendant's summary judgment motion seeking indemnification from the employer, which is the relief sought here against General Accident.