Order unanimously reversed on the law without costs, and defendant's motion granted.
Memorandum:
It was an abuse of discretion for the court to excuse plaintiff's failure to comply with defendant's demand to file the note of issue (CPLR 3216). To defeat the motion, a party must show a "justifiable excuse for the delay and a good and meritorious cause of action" (CPLR 3216 [e]). Plaintiff failed to submit an affidavit of merits and counsel's inability to locate...
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