Ordered that the order is reversed, as a matter of discretion, with costs, those branches of the plaintiffs' motion which were to strike the defendants' answer and for summary judgment on the issue of liability are denied, the answer is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith.
Although the nature and degree of the penalty to be imposed pursuant to CPLR 3126 is generally a matter left...
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