Ordered that the order dated October 6, 2006, is reversed, on the law, the facts, and in the exercise of discretion, the plaintiff's motion for leave to enter judgment on the issue of liability against the defendant upon his default in answering is denied, and the defendant's cross motion for leave to serve a late answer is granted; and it is further,
Ordered that the appeal from the order dated May 21, 2007, is dismissed as academic in light of our determination...
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