Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provision thereof denying the claimant's cross motion to strike the answer of the defendant on the ground of spoliation of evidence, and substituting therefor a provision granting that cross motion only to the extent of directing that an adverse inference charge be given at trial with respect to the fetal heart monitoring strips; as so modified, the order is affirmed, with costs...
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