Order unanimously reversed on the law without costs, motions and cross motion granted and complaint dismissed.
Memorandum:
The trial court erred in denying defendants' motions and defendant Spartan Motors, Inc.'s cross motion to dismiss the complaint for failure to file a note of issue pursuant to CPLR 3216 (b) (3) because plaintiff failed to proffer a reasonable excuse for his neglect in complying with the demand or to show the existence of a good and meritorious...
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