In a prior court order, Supreme Court denied defendant's motion to dismiss plaintiff's action for failure to file a note of issue. The order, however, was made contingent on plaintiff's filing the note of issue within a specified period of time. Nevertheless, plaintiff did not comply with the extended time constraints and filed the note of issue late. In making the tardy filing, plaintiff moved for the court to amend its prior order and excuse the delay. In our view, Supreme...
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