Ordered that the order is reversed, on the law and as an exercise of discretion, with costs, the appellant's motion is granted, the complaint is dismissed insofar as asserted against it, and the action against the remaining defendants is severed.
The Supreme Court improvidently exercised its discretion in denying the appellant's motion to dismiss the action based upon the plaintiff's failure to serve a complaint (see, CPLR 3012 [b]). In order to successfully...
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