James H. Miller v. County Orange

[120 A.D.2d 713 Page 713] In an action to recover damages for wrongful death and conscious pain and suffering, the plaintiff appeals from (1) an order of the Supreme Court, Orange County (Beisheim, J.), dated February 13, 1985, which granted the motion of the defendant County of Orange to strike his pleadings and to dismiss the complaint as against it for failure to comply with an order of the same court directing the preservation of certain evidence, and (2) an order of the same court, entered June 3, 1985, [120 A.D.2d 713 Page 714]