Ordered that the order is reversed insofar as appealed from, with costs, and upon renewal, the plaintiff's motion to vacate the August 19, 1983 order is denied, and the appellant's motion for summary judgment dismissing the complaint as against it is granted.
The plaintiff failed to establish a reasonable excuse for his failure to comply with a conditional order of preclusion; nor did he submit an affidavit of merit establishing that the "treatment rendered [by the...
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