Ordered that the order is modified, on the facts, by deleting the provision thereof granting the defendant's cross motion; as so modified, the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.
In support of his cross motion, inter alia, to vacate his default in answering the plaintiff's complaint, the defendant submitted an affidavit in which he merely claimed that he...
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