Unanimously reversed, on the law and in the exercise of discretion, without costs and without disbursements, and said motion to dismiss is denied, the judgment vacated, complaint reinstated and plaintiff directed to comply further with the order of Tyler, J., entered April 7, 1976, or justify noncompliance by appearing at Special Term, Part II, within 20 days after service of a copy of the order herein with notice of entry, the exact day and time to be mutually agreed upon...
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