OPINION OF THE COURT
RANDY SUE MARBER, J.
The motion (motion sequence No. 02) by the plaintiff, pursuant to CPLR 3212, seeking partial summary judgment on the issue of liability and setting the matter down for an immediate trial on the issue of damages, and the cross motion (motion sequence No. 03) by the defendants, Leah Herz, Alan Herz and Ellen Herz, seeking sanctions against the plaintiff, pursuant to 22 NYCRR 130-1.1
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