It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion and cross motion in part and reinstating the complaint on condition that plaintiff appear for an examination before trial within 40 days of service of a copy of the order of this Court with notice of entry and as modified the order is affirmed without costs.
Memorandum:
Supreme Court properly denied plaintiff's motion, incorrectly...
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