Ordered that the order is reversed, on the law, with costs, that branch of the plaintiff's motion which was for an order of reference is granted and that branch of the cross motion of the defendant Eufemio Zapata which was for leave to serve and file a late answer is denied.
On January 5, 2006, the defendant Eufemio Zapata executed a note in the sum of $403,000 in favor of nonparty Mid-Island
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