Ordered that the appeal and cross appeal from the order dated June 16, 2010, and the cross appeal from the order dated June 2, 2011, are dismissed; and it is further,
Ordered that the order dated June 2, 2011, is reversed insofar as appealed from, on the facts and in the exercise of discretion, upon renewal, the determination in the order dated June 16, 2010, denying that branch of the plaintiff's motion which was pursuant to CPLR 3126 to strike the defendant's answer...
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