Order unanimously reversed, without costs, and motion denied.
Memorandum:
Special Term's order vacating the order dismissing plaintiff's action for failure to serve a complaint and the judgment against plaintiff based thereon must be reversed as an improper exercise of discretion. The motion to reopen the judgment, pursuant to CPLR 5015 (subd [a], par 1), was instituted more than one year after the effective date of the order of dismissal, obtained pursuant...
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