The motion court improvidently exercised its discretion in sua sponte granting, on default, defendant's motion to strike the complaint. Plaintiff's papers filed in motion sequence No. 1 were also "in opposition to defendant's ... motion seeking the striking of the note of issue" (mot sequence No. 2), and did address defendant's argument concerning its failure to respond to discovery requests by arguing that no discovery was required under the circumstances. Considered on...
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