If this condition is not met, the order is affirmed, with costs against plaintiff. We do not accept the proffered excuse that plaintiff's deficiencies in English contributed to the failure to serve the complaint as such excuse merely reflects a lack of diligence on counsel's part in responding to the necessities of this case. However, we do not regard the insufficiency of this excuse as a defect fatal to plaintiff's position. The summons in this action, as well as the affidavits...
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