Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was to direct the plaintiff to appear for an examination before trial is denied, that branch of the cross motion which was, in effect, to strike the answer and for an inquest on the issue of damages is granted, and the matter is remitted to the Supreme Court, Queens County, for an inquest on the issue of damages.
As a result of the defendant's failure...
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