Ordered that the order is modified, on the law and as a matter of discretion, by (1) deleting the provision thereof granting that branch of the motion pursuant to CPLR 3126 which was to strike the defendants' answer unless Thomas V. Daily, James Spengler, Otto Garcia, and Anthony Danile produced certain tax returns and other financial information by July 3, 2003, and substituting therefor a provision granting that branch of the motion to the extent of directing that Thomas...
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