Order modified, on the law, by striking all language following the word, "granted". As so modified, order affirmed, without costs or disbursements.
To excuse a default in failing to timely serve and file a note of issue upon demand pursuant to CPLR 3216, a defaulting plaintiff must show both a reasonable excuse for the delay and a meritorious cause of action. In the absence of such a showing, a defendant is entitled to an absolute dismissal (Levin v 40 Realty<...
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