Ordered that the order is reversed, on the law, with costs, the cross motion of the defendant Juan DeJesus for summary judgment dismissing the complaint insofar as asserted against him is denied, and the matter is remitted to the Supreme Court, Kings County, for a new determination of the plaintiff's motion, inter alia, for summary judgment on the complaint insofar as asserted against the defendant Juan DeJesus, to strike his answer, and to appoint a referee to compute the...
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