Ordered that the order is modified by deleting the provision thereof which conditioned the appellants moving for summary judgment upon certification by the court that discovery was complete; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
It was not improper for the court to grant conditionally the respondent's motion to strike the appellants' answer unless the appellants paid $750 as attorney's fees in view of the appellants...
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