MANUEL J. MENDEZ, Judge.
Upon a reading of the foregoing cited papers, It is Ordered that plaintiff's motion pursuant to CPLR §3212 and CPLR §3126, for summary Judgment on liability and to strike the defendant's answer, entering a default and scheduling an inquest or for negative inference jury charge, is denied. Defendant's cross-motion pursuant to CPLR §3212, for summary Judgment and seeking an Order compelling the plaintiff to appear for an independent...
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