Order unanimously reversed on the law without costs and motion granted.
Memorandum:
Special Term erred in denying defendant's motion to dismiss for want of prosecution. Defendant's motion is governed by CPLR 3216 (e), which requires plaintiff to provide an affidavit of merit and a justifiable excuse for failing to file a timely note of issue in response to a 90-day demand. Plaintiff failed to make any showing of merit or provide a reasonable excuse and it...
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