Ordered that the order is modified, on the law, by deleting the provision denying those branches of the motion which were to strike the note of issue and dismiss the complaint and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed, with costs to the defendants.
The plaintiff was directed by a court order dated August 15, 1989, to file and serve a note of issue. Thereafter, he failed to comply with the directive...
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