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ANN JENNINGS, res, v. ORANGE REGIONAL MEDICAL CENTER, ETC., ap

ANN JENNINGS, res, v. ORANGE REGIONAL MEDICAL CENTER, ETC., ap — (INDEX NO. 5601/10)In an action, inter alia, to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Slobod, J.), dated November 21, 2011, as granted the plaintiff's motion pursuant to CPLR 3126 to strike its answer on the ground of spoliation of evidence to the extent of precluding it from offering certain evidence at trial.

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ANN JENNINGS, res, v. ORANGE REGIONAL MEDICAL CENTER, ETC., ap — (INDEX NO. 5601/10)In an action, inter alia, to recover damages for personal injuries, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Orange County (Slobod, J.), dated November 21, 2011, as granted the plaintiff’s motion pursuant to CPLR 3126 to strike its answer on the ground of spoliation of evidence to the extent of precluding it from offering certain evidence at trial.

ORDERED that the order is modified, on the facts and in the exercise of discretion, by deleting the provision thereof granting the plaintiff’s motion to the extent of precluding the defendant from introducing certain evidence at trial, and substituting therefor a provision granting the plaintiff’s motion only to the extent of directing that a negative inference charge be given at trial; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

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