Ordered that the order is affirmed, with costs.
Under the circumstances of this case, the Supreme Court providently exercised its discretion in denying the plaintiff's motion, inter alia, for leave to enter judgment against the defendant upon his failure to appear or answer the complaint, and granting the defendant's cross motion pursuant to CPLR 2004 and 3012 (d) to vacate his default and compel the plaintiff to accept his late answer. In light of the lack of any...
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