Ordered that the order is modified, on the law, by deleting the provision thereof which reduced the plaintiff's ad damnum clause from the sum of $355,159.85 to the sum of $212,000; as so modified, the order is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Westchester County.
The court, in its discretion, may relieve a party from the effect of its default upon, among other things, proof of both a meritorious claim or defense...
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