Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, the complaint is reinstated, and the plaintiff is granted leave to serve an amended complaint in the form annexed to his moving papers.
The Supreme Court erred in treating the plaintiff's motion to vacate the dismissal of his action as one for reargument or renewal, since no prior motion had been made (see, CPLR 2221 [a]). Furthermore, under the...
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