Order unanimously affirmed, with costs.
Memorandum:
Defendant appeals from an order restoring the action to the Trial Calendar. The action was commenced in 1973 to recover $1,000,000 allegedly due to plaintiff by defendant pursuant to an oral agreement to share profits "50-50" on several construction projects in Rochester, New York, during the period from 1965 to 1972. On September 7, 1973 defendant filed a note of issue, although its answer was not served...
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