Unanimously reversed, on the law, the facts and in the exercise of discretion, and motion denied, without costs and without disbursements.
This action was commenced in October, 1973, and appellant was made a party the next month. In March, 1975, pursuant to court order, plaintiff served its first amended complaint and a note of issue and statement of readiness were served in March, 1976. Thereafter, the case was assigned to a Trial Part and appeared on the day Trial...
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