Ordered that the notice of cross appeal is treated as an application for leave to cross-appeal from so much of the order as denied that branch of the motion which was to strike scandalous and prejudicial matter, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
Contrary to the appellant's contentions, because there was...
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