Ordered that the order is modified, on the facts and in the exercise of discretion, by adding the words "without prejudice to renewal after the defendant M.J. & T. Corp. complies with all outstanding discovery orders" following the words "motion for summary judgment is denied"; as so modified, the order is affirmed, without costs or disbursements.
The Supreme Court properly denied the motion of M.J. & T. Corp. (hereinafter MJ & T) for summary judgment...
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