Orders modified and, as modified, affirmed, without costs, in accordance with the following memorandum: Special Term erred in granting plaintiffs' motion to vacate the dismissal, insofar as it applies to the defendants Shaheen, Cady, Harwood and Sebesta. On a motion to vacate an order of dismissal entered pursuant to CPLR 3404, plaintiff must rebut the presumption of abandonment and demonstrate excusable neglect, a meritorious claim and lack of prejudice to the opposing party...
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