On June 18, 1980, plaintiff commenced the present action for divorce. No answer was served by defendant and on September 30, 1980, plaintiff filed a note of issue and certificate of readiness. Within 20 days from said filing, a motion was made by defendant to vacate the note of issue and to assess the costs of the motion against plaintiff's attorney. This motion was accompanied by an affidavit in which defendant's attorney averred that a motion by defendant to dismiss the...
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