It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is denied, the complaint is reinstated, and the cross motion is granted.
Memorandum:
Supreme Court erred in granting defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) and in denying plaintiff's cross motion for discovery. Plaintiff commenced this action to recover damages for injuries he sustained...
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