Ordered that the order is modified, on the law and as a matter of discretion, by deleting the provision thereof granting the defendant's motion, and substituting therefor a provision denying that motion; as so modified, the order is affirmed, without costs or disbursements.
The Supreme Court improvidently exercised its discretion in entertaining the defendant's motion for summary judgment made on the eve of trial, inasmuch as the defendant failed to demonstrate good...
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