Judgment and orders appealed from unanimously reversed and vacated, on the law, on the facts and in the exercise of discretion, with $50 costs and disbursements to plaintiff, plaintiff's motion to strike answer denied, defendant's motion to vacate judgment granted and defendant's motion to modify order of Referee denied without prejudice to such directions in modification thereof as Referee may deem proper and advisable to be made during the taking of the deposition, all...
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