Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, and the branch of the cross motion which was to impose a sanction is denied.
The court imposed a sanction upon the appellant when it failed to discontinue its action against the defendant Michael B. Newell after having agreed to do so because of defective service of process. Based upon the sequence of events, it appears that the appellant's failure to discontinue...
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