In ordering a lesser sanction than the striking of the answer that plaintiff requested in response to defendant's spoliation of evidence (see CPLR 3126), the motion court directed that the jury be instructed that "if the footage was preserved and produced, it would have shown that a slippery substance was on the floor long enough for the defendant to be aware of the condition and therefore the defendant had constructive notice of the slippery condition at the time...
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