Ordered that the order is modified, by deleting the provision thereof granting the plaintiff's cross motion, in effect, to vacate the dismissal of the action pursuant to CPLR 3404, and to restore the action to the trial calendar, and substituting therefor a provision denying the plaintiff's cross motion; as so modified, the order is affirmed, with costs payable to the appellant by the plaintiff, and the complaint is dismissed.
The instant action, commenced in or about...
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