Order reversed, without costs; motion granted and complaint dismissed, without costs as against the moving defendant Mandelson; and action severed as to the defendant Motley.
The motion was properly before Special Term as an application pursuant to statute (CPLR 3216) and was not governed by this Department's rules concerning motions to strike actions from the calendar (Rules, App. Div. 2d Dept., part 7, rule V). The inadvertence of counsel which was urged by plaintiffs...
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