Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the plaintiff's motion which were for leave to enter a default judgment against the defendant Alfonso Lopez and for an order of reference are denied, and those branches of the cross motion of the defendant Alfonso Lopez which were pursuant to CPLR 2101(f) to deem the plaintiff's notice of rejection of his late answer untimely and pursuant to CPLR 3012(d) to compel the plaintiff...
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