Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, and that branch of the plaintiffs' motion which was pursuant to CPLR 3126 to preclude the defendant from offering any testimony at trial regarding the maintenance, service, or repair of the subject elevator is denied.
While the nature and degree of the penalty to be imposed on a motion pursuant to CPLR 3126 is a matter of discretion for the court (see Polanco v Duran...
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