Order unanimously reversed, without costs, motion granted and complaint dismissed and motion to strike matter from respondent's brief denied as academic.
Memorandum:
Special Term abused its discretion in not unconditionally granting defendant's motion to dismiss plaintiff's complaint pursuant to CPLR 3216. The only document submitted in opposition to defendant's motion to dismiss for failure to file a note of issue and statement of readiness within 90 days...
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