Ordered that the order is modified, on the law, on the facts, and in the exercise of discretion, by deleting the provision thereof granting those branches of the defendant's motion which were for summary judgment dismissing so much of the complaint as alleged injury to property, and, in effect, pursuant to CPLR 3126 and 3042 to strike that portion of the complaint which alleged injury to property for failure to comply with its demand for a bill of particulars and discovery...
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