Order modified, on the law and in the exercise of discretion, so as to grant that branch of defendant's motion which sought dismissal of plaintiff's complaint. As so modified, order affirmed, without costs or disbursements.
Despite being directed by court order to place this matter on the Trial Calendar and in spite of defendant's having served a 90-day notice pursuant to CPLR 3216, plaintiff failed to file a note of issue until after the instant motion, inter...
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