Ordered that the judgment entered March 3, 2005 is reversed insofar as appealed from, on the law, without costs or disbursements, the motion of the defendant Don & Walt Sutton Builders, Inc., pursuant to CPLR 3126 to impose a sanction upon the plaintiff for failing to comply with disclosure is denied, the order dated January 4, 2005 is modified accordingly, and the complaint is reinstated as against that defendant on condition that the plaintiff's former attorney, Rudolph...
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