Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court providently exercised its discretion in denying the branch of the appellants' motion which was for summary judgment dismissing the second third-party complaint due to spoliation of evidence. "Generally, striking a pleading is reserved for instances of willful or contumacious conduct ... and the prejudice resulting from spoliation must be considered in determining whether such...
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