Ordered that the order is modified by deleting the provision thereof denying that branch of the motion which was to compel discovery and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the appellant.
The Supreme Court providently exercised its discretion in denying that branch of the appellant's motion which was to strike the complaint (see, CPLR 3126 [3]; Kingsley v Kantor, ...
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