Order reversed, without costs, and motion granted.
Defendant's motion to dismiss the complaint was made approximately 33 months after joinder of issue. In opposition, plaintiffs failed to submit an affidavit setting forth the merits of their action. Nor did the plaintiffs or their attorneys attempt to explain the unusual delay in the prosecution of the action. An affidavit by one of plaintiffs' attorneys stated merely that a note of issue had been served. Service...
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