Order modified, on the law and as a matter of discretion, by deleting the first, second and fourth decretal paragraphs thereof and by substituting therefor provisions (1) striking the action from the Trial Calendar, (2) dismissing the complaint, with leave to plaintiff to serve an amended complaint complying with CPLR 3016 (subd [c]) and (3) granting defendant's application to compel plaintiff to appear for a deposition as to his financial situation. As so modified, order...
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