Defendant contends that its motion to dismiss should have been granted unconditionally. Order, insofar as appealed from, reversed, without costs; the condition as to the filing of the note of issue is deleted; the defendant's motion is granted unconditionally; and the complaint is dismissed.
Plaintiff failed to justify the delay herein or to show that it was reasonable; nor did plaintiff attempt to do so. Upon that state of the record, it was an improvident exercise...
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