Order modified by striking from the ordering paragraph the proviso as to the filing of the note of issue. As so modified, order affirmed, with $10 costs and disbursements.
Upon the return of the motion to dismiss, plaintiff failed to submit any papers in opposition, notwithstanding the requirements for a demonstration that the delay was not unreasonable and that the action had merits. Hence, it was an improvident exercise of discretion for the court to withhold the...
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