Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, the plaintiff's motion pursuant to CPLR 3215 for leave to enter a judgment on the issue of liability against the defendant Encore Development, Inc., upon that defendant's default in appearing and answering the complaint, is granted, and the matter is remitted to the Supreme Court, Kings County, for an inquest on the issue of damages.
The Supreme Court improvidently...
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