Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the branch of the defendants' motion which was for leave to serve an amended answer is granted, the amended answer is deemed served, the branch of the defendants' motion which was for summary judgment is granted, the complaint is dismissed, and the prior order of the same court, dated January 15, 1993, granting summary judgment to the plaintiff on the issue of liability, is vacated....
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