Ordered that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in denying that branch of the appellant's motion which was, in effect, to vacate its order dated May 25, 2001, which merely directed the plaintiff to file a note of issue within 90 days thereof (see CPLR 2221). The court also providently exercised its discretion in denying that branch of the appellant's motion which was to compel the plaintiff to submit to...
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