Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the action against the remaining defendant is severed.
The Supreme Court erred in granting the motion of the respondents, Thomas McGuinness and Ft. Hamilton, Inc., to compel the plaintiffs to accept their answer as timely served and denying the plaintiffs' cross motion for leave to enter a judgment against them upon their failure to timely appear and...
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