Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the motion of the defendant Tatuday Well Done, Ltd., and the cross motion of the defendant Fantastic Merchandise Corp., which were to dismiss the amended complaint insofar as asserted against them on the ground of spoliation of evidence only to the extent of precluding the plaintiffs from submitting any evidence at trial with regard to the bottle allegedly involved...
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