Ordered that the order is reversed, in the exercise of discretion, without costs or disbursements, the motion is granted, and the matter is remitted to the Supreme Court, Westchester County, for a trial on the merits.
In this matrimonial action, where custody and visitation issues were hotly contested, and substantial assets subject to distribution where involved, it was an improvident exercise of the trial court's discretion to have imposed such onerous conditions...
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