Ordered that the appeal by the defendants from so much of the order as denied their motion to preclude the use of documentary evidence at trial of the plaintiffs' deceased expert, Igor Vassliev is dismissed; and it is further,
Ordered that the order is affirmed insofar as reviewed, with costs.
We agree with the Supreme Court that under the circumstances presented here, the plaintiffs should not have been sanctioned for the spoliation of evidence. The defendants...
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