Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting the defendant's motion for summary judgment dismissing the complaint and substituting therefor a provision denying that motion, and (2) deleting the provision thereof denying as academic the plaintiff's motion to compel discovery, and substituting therefor a provision granting that motion; as so modified, the order is affirmed, with costs to the plaintiff.
In 1979 the plaintiff...
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