Order modified, on the law and in the exercise of discretion, by striking therefrom the second decretal paragraph thereof, which provided for the condition to the granting of the motion, and by substituting therefor a provision that the complaint is dismissed. As so modified, order affirmed, with $10 costs and disbursements to appellants.
Plaintiff failed to comply with the 45-day rule set forth in CPLR 3216 and did not show a justifiable excuse for his delay in prosecuting...
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