Order and judgment unanimously reversed, on the law, without costs, and plaintiff's motion granted.
Memorandum:
It was an improvident exercise of discretion for the trial court to deny plaintiff's motion to vacate a prior order denying plaintiff's motion for a continuance (see, CPLR 4402). The record indicates that plaintiff's counsel made diligent efforts to arrange for plaintiff's presence at trial but that plaintiff was unable to attend due to the...
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