Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the defendants' cross motion pursuant to CPLR 3216 to dismiss the complaint is denied.
The Supreme Court improvidently exercised its discretion in granting the defendants' cross motion pursuant to CPLR 3216 to dismiss the complaint to the extent of directing the plaintiff to comply with a demand for discovery which was annexed to the cross motion papers, as the demand was made...
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