Ordered that the order is modified, on the law and in the exercise of discretion, (1) by deleting the provision thereof granting the defendant's motion for summary judgment dismissing the complaint, and substituting therefor a provision denying the motion, and (2) by deleting the provision thereof denying the plaintiff's cross motion to strike the defendant's answer as a sanction for spoliation of evidence, and substituting therefor a provision granting the cross motion to...
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