Ordered that the order is modified, on the facts and as a matter of discretion, by deleting the provision thereof denying that branch of the motion which was, in effect, to vacate so much of the order dated October 22, 1998, as granted that branch of the plaintiffs' motion which was to strike the appellant's Worker's Compensation Law defense and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed...
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