Order entered August 21, 1968, unanimously reversed, on the law and the facts and in the exercise of discretion, without costs or disbursements, motion for a protective order granted and plaintiff directed to serve a complaint within 20 days after service of a copy of the order hereon with notice of entry.
This action was commenced by service of a summons and notice of motion for summary judgment (CPLR 3213). In denying that motion, Special Term clearly stated that...
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