Ordered that the order dated February 8, 2006 is reversed insofar as appealed from, on the facts and in the exercise of discretion, the motion is granted, the answer is stricken, and the matter is remitted to the Supreme Court, Kings County, for an inquest on the issue of damages; and it is further,
Ordered that the appeal from the order dated September 28, 2005 is dismissed as academic; and it is further,
Ordered that one bill of costs is awarded to the plaintiff...
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