Ordered that the order dated April, 1, 1999, is reversed, and the plaintiff's motion to strike the defendant's answer is denied; and it is further,
Ordered that the appeal from the order dated September 10, 1999, is dismissed as academic in light of our determination of the appeal from the order dated April 1, 1999; and it is further;
Ordered that the defendant is awarded one bill of costs.
We agree with the defendant that it was an improvident exercise...
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