Ordered that the order is reversed, on the law, with costs, the motion is granted, and the note of issue is stricken; and it is further,
Ordered that the plaintiff's time to respond to the defendant's interrogatories and notice to produce is extended until 60 days after service upon him of a copy of this decision and order, with notice of entry.
Discovery had not been completed in this case since the plaintiff had not answered the defendant's interrogatories...
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