Order modified, on the law, by deleting therefrom the provisions granting the motion to vacate and imposing costs and substituting therefor a provision adhering to the original determination. As so modified, order affirmed insofar as appealed from, with $50 costs and disbursements payable to defendant.
Excuses amounting to "law office failure", as a matter of law, are insufficient to vacate an order dismissing an action for failure to serve and file a note of issue...
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