Order modified, in the exercise of discretion, by striking from the decretal paragraph everything following the words that the motion is "granted in all respects". As so modified, order affirmed, with $20 costs and disbursements to appellant.
Plaintiffs did not comply with the 45-day notice provision of CPLR 3216 and also failed to establish a justifiable excuse for the delay in prosecuting the action, which was commenced in 1967 (Jacobs v. Chemical Bank of N....
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