Ordered that the order is reversed, on the law, with costs, that branch of the defendants' cross motion which was for summary judgment dismissing the complaint is denied, the plaintiff's motion pursuant to CPLR 3214 to compel the defendants to appear for depositions is granted, and, upon searching the record pursuant to CPLR 3212 (b), the plaintiff is awarded summary judgment on the issue of liability on its second cause of action.
The defendant Albert Rabizadeh failed...
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