Order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered May 19, 2011, which granted plaintiffs' motion for spoliation sanctions, to the extent of deeming that defendants City of New York, New York City Department of Transportation, Cemusa NY, LLC and Shelter Express Corp. had prior notice of the subject condition, unanimously modified, on the facts, to grant plaintiffs' motion to the extent of striking defendants' answer unless, within 30 days after service of...
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