Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting the plaintiff's motion to the extent of precluding the defendant from introducing certain evidence at trial, and substituting therefor a provision granting the plaintiff's motion only to the extent of directing that a negative inference charge be given at trial; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements...
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