Order reversed in the exercise of discretion, with $10 costs and disbursements and motion granted without prejudice to an application by plaintiffs at Special Term for reconsideration.
Issue was joined in this action in July, 1970. A year later, defendant served plaintiffs' attorney with a 45-day notice pursuant to CPLR 3216, and, no note of issue having been filed, it moved to dismiss the complaint. On the adjourned return date, the only papers that plaintiffs submitted...
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