Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is denied, the cross motion is granted, and the matter is remitted to the Supreme Court, Queens County, for an inquest on the issue of damages.
The Supreme Court improvidently exercised its discretion in granting the defendant's motion to compel the plaintiff to accept his answer and in denying the plaintiff's cross motion for leave to enter judgment on the issue of...
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