Order unanimously
Memorandum:
Defendant appeals from an order granting plaintiff's motion for reargument and, upon reargument, vacating the order dismissing the action for failure to prosecute and restoring the action to the trial calendar. We affirm. Although plaintiff did not submit an affidavit of merit until the motion to reargue, "[i]t has long been the rule that where, as here, the delay...
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