Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the defendants' motion for summary judgment dismissing the complaint and substituting therefor a provision denying the motion, and (2) by deleting the provision thereof denying that branch of the plaintiffs' cross motion which was to strike the defendants' answer as a sanction for spoliation of evidence and substituting therefor a provision granting that branch of the cross motion...
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