Ordered that the appeal from the order is dismissed, without costs or disbursements; and it is further;
Ordered that the judgment is reversed, on the law and as a matter of discretion, the answer is reinstated, the matter is remitted to the Supreme Court, Nassau County, for a new trial and the imposition of an appropriate sanction, with costs to abide the event, and the order dated March 5, 2003, is modified accordingly.
The appeal from the intermediate order...
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