Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion is granted, the cross motion is denied, and the matter is remitted to the Supreme Court, Kings County, for an inquest on the issue of damages.
The Supreme Court improvidently exercised its discretion in granting the defendant's cross motion to vacate his default in appearing or answering the complaint, and for leave to serve a late answer. The defendant failed...
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