Order unanimously modified, on the law, and as modified, affirmed, with costs to defendant, in accordance with the following memorandum: CPLR 205 (a) provides in part: "If an action is timely commenced and is terminated in any other manner than by * * * a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits, the plaintiff * * * may commence a new action upon the same [cause of action] within six months". Here, the court erred...
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