Ordered that the judgment is reversed, on the law, on the facts, and in the exercise of discretion, with costs, that branch of the plaintiff's motion which was pursuant to CPLR 3126 (3) to strike the defendant's answer is denied, that branch of the plaintiff's motion which was for summary judgment on the first cause of action is denied, the defendant's cross motion is denied as unnecessary, and the orders are modified accordingly.
As a general rule, this Court does...
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