New York Supreme Court September 14, 2004 (Bannon v. Auerbach)

OPINION OF THE COURT

Arthur G. Pitts, J.

*220Ordered that the defendants’ motion to strike the plaintiffs’ complaint for their loss of mold samples allegedly taken from the subject apartment or in the alternative, for an order of preclusion is denied. (CPLR 3126.) It is further ordered that defendants’ motion for summary judgment is denied under the circumstances presented herein. (CPLR 3212.