Ordered that the order is reversed, on the law, the facts, and as an exercise of discretion, with costs, the motion is granted, the order entered May 5, 2005 is vacated, the amended answer annexed to the defendant's motion papers is deemed served on the plaintiff, and the matter is remitted to the Supreme Court, Westchester County, for further proceedings.
A strong public policy exists which favors the disposition of matters on their merits (see Bunch v. Dollar...
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